BILL REQ. #:  S-1141.2 

READ FIRST TIME 02/16/05.   

     AN ACT Relating to enhancing school safety through information sharing between schools and juvenile justice and care agencies; adding a new section to chapter 28A.320 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The purpose of this act is to ensure the health, safety, and general welfare of Washington's school children, teachers, and school staff. The purpose of this act is to give guidance to principals and vice-principals regarding their duty to report incidents to law enforcement officials when it is reasonable to suspect that a significant crime has occurred. It is the intent of the legislature to ensure that agents of law enforcement, who are trained investigators, are alerted and called upon to determine whether or not there is probable cause to believe a crime has been committed in serious cases. This act is also intended to reduce potential tort liability that could arise from unreported criminal activity.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.320 RCW to read as follows:
     (1)(a) When a principal or vice-principal of a school has reasonable cause to believe that a person has committed, on school grounds or at an event sponsored by the school, a drug offense or a crime against a person that causes severe injury, that school administrator shall report such incident, or cause a report to be made, to the proper law enforcement agency. The report may be made by telephone, in person, or on paper.
     (b) For purposes of this subsection:
     (i) "Severe injury" means: Any single act that causes physical trauma of sufficient severity that, if left untreated, could cause death; any sex offense; any single act that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; and
     (ii) "Crime against a person" has the meaning set out in RCW 9.94A.411.
     (c) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that a drug offense or severe injury has occurred. The report must include the identity of the accused, if known.
     (2) A principal or vice-principal who violates this act in flagrant disregard or clear abandonment of generally recognized professional standards or who endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting may be subject to orders by the superintendent of public instruction, up to and including reprimand, suspension, or revocation of certification.
     (3)(a) A principal or vice-principal who willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties by knowingly failing to report an offense that must be reported pursuant to this section may be guilty of obstructing a law enforcement officer under RCW 9A.76.020.
     (b) A principal or vice-principal who, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense, knowingly fails to report an offense that must be reported pursuant to this section may be guilty of rendering criminal assistance under RCW 9A.76.070, 9A.76.080, and 9A.76.090.
     (4) A principal or vice-principal who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this section shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who committed the acts reported pursuant to this section.