BILL REQ. #:  S-3618.1 

Read first time 01/10/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to possession of weapons or medical equipment, devices, or paraphernalia on school facilities; amending RCW 9.41.280; and prescribing penalties.

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

Sec. 1   RCW 9.41.280 and 1999 c 167 s 1 are each amended to read as follows:
     (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
     (a) Any firearm;
     (b) Any ((other dangerous weapon as defined in RCW 9.41.250)) component of a firearm, including live ammunition, an ammunition magazine, or a device for suppressing the noise of any firearm;
     (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;
     (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; ((or))
     (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas;
     (f) A slung shot, sling shot, sand club, billy club, metal baton, or metal knuckles;
     (g) Any object or instrument equipped with a blade or sharp or sharpened extension that could reasonably be used for cutting, slicing, or stabbing, including but not limited to:
     (i) Any knife, dirk, ice pick, dagger, or razor with an unguarded blade; or
     (ii) A tool or device, such as a leather punch or screwdriver, that is used as a stabbing instrument or that is possessed or controlled with the intent to be used as a stabbing instrument;
     (h) Any stun gun or other object, instrument, or device that, when applied to a person or animal, is designed to administer an incapacitating electric shock, charge, or impulse, including but not limited to a projectile stun gun, that projects wired probes attached to the device that emit an electrical charge;
     (i) Any metal pipe, bar, or tool used or intended to be used as a club;
     (j) Any explosive, firework as defined in RCW 70.77.126, or item containing poisonous or injurious gas, liquid, or other substance; or
     (k) Any object, implement, or instrument that has the capacity to inflict death or substantial bodily harm and from the manner in which it is used, attempted to be used, or threatened to be used is intended to produce or may easily and readily produce death or substantial bodily harm.
     (2) Except as otherwise provided in this subsection, any such person violating subsection (1) of this section is guilty of a gross misdemeanor. Any person violating subsection (1)(a) of this section is guilty of a class C felony. In addition, if any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
     Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. Within one business day of any allegation or indication of such violation, an appropriate school authority shall ((promptly)) notify law enforcement and the student's parent or guardian regarding ((any)) the allegation or indication of such violation. Law enforcement shall forward this notification to the prosecuting attorney.
     Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the ((county-designated)) designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.
     Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the ((county-designated)) designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The ((county-designated)) designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
     The ((county-designated)) designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate.
     Upon completion of any examination by the ((county-designated)) designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person.
     The ((county-designated)) designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.
     If the ((county-designated)) designated mental health professional determines it is appropriate, the ((county-designated)) designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.
     (3) Subsection (1) of this section does not apply to:
     (a) Any student or employee of a private military academy when on the property of the academy;
     (b) Any person engaged in military, law enforcement, or school district security activities;
     (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
     (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
     (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
     (f) Any nonstudent at least eighteen years of age legally in possession of a firearm or ((dangerous)) other weapon described in subsection (1) of this section that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
     (g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; ((or))
     (h) Any law enforcement officer of the federal, state, or local government agency;
     (i) Any person who has in his or her possession or control any device, object, implement, instrument, or tool for a school-approved project, exercise, or class that has been provided by the school specifically for the project, exercise, or class or that the student has brought to school with the express prior verbal or written permission of a teacher or other school official for use in the school-approved project, exercise, or class;
     (j) Any person who possesses or controls any device, object, implement, instrument, or tool for a nonschool-related activity or class authorized to be conducted on the school premises, school-provided transportation, or areas of facilities while being used exclusively by the school, if the device, object, implement, instrument, or tool has been provided specifically for the activity or class or has been brought to school premises with the express prior permission to be used in the approved activity or class;
     (k) Any person in possession or control of tools that are secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school; or
     (l) Any person in possession or control of medical equipment, devices, or paraphernalia, including but not limited to hypodermic needles or other devices, required for the administration or injection of medications prescribed by a health professional to treat a health condition. Students in possession of such medical equipment, devices, or paraphernalia may only possess such items with the written permission of the school and a student's parent or legal guardian, or pursuant to a medication or treatment order and nursing plan to implement the order.
     (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
     (5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.
     (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.