HOUSE BILL REPORT

ESSB 5263

As Reported by House Committee On:

Judiciary

Title: An act relating to prohibiting devices in schools that are designed to administer to a person or an animal an electric shock, charge, or impulse.

Brief Description: Prohibiting devices in schools that are designed to administer to a person or an animal an electric shock, charge, or impulse.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Hargrove, Brandland and Tom).

Brief History:

Committee Activity:

Judiciary: 3/18/09, 3/19/09 [DP].

Majority Report: Do pass. Signed by 10 members: Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan, Kelley, Kirby, Ormsby, Roberts and Ross.

Minority Report: Do not pass. Signed by 1 member: Representative Warnick.

Staff: Edie Adams (786-7180)

Background:

With several exceptions, it is a gross misdemeanor for a person to possess dangerous weapons on public or private elementary or secondary school property. The following dangerous weapons are prohibited: firearms; nun-chu-ka sticks; throwing stars; air guns; and "dangerous weapons" listed under another statute as slung shots, sand clubs, metal knuckles, devices for suppressing the noise of a firearm, and certain knives, such as switchblades.School property includes school premises, transportation systems, and areas of any facility while being used exclusively by a public or private school. Exceptions from the ban on possession of dangerous weapons are made for law enforcement, security or military personnel, persons involved in firearms safety events or competitions, persons with concealed pistol licenses who are picking up or dropping off students, and non-students 18 years or older in lawful possession of a dangerous weapon that is secured in a vehicle. In addition, an exception is provided for any person possessing nun-chu-ka sticks, throwing stars, or other dangerous weapons for use in an authorized martial arts class.

An elementary or secondary school student who brings a prohibited weapon to school is subject to expulsion. The school must immediately notify law enforcement and the student's parent or guardian of the violation.

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Summary of Bill:

The list of weapons prohibited on school grounds is expanded to include: a portable device manufactured to function as a weapon and which is commonly known as a stun gun; and a device or object which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.

An exception is provided for any person who possesses a stun gun for a purpose approved by the school for use in a school authorized event or activity.

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Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) When kids bring guns or knives to school it is very clear that those items are prohibited. There is no law on the books that specifically prohibits stun guns at schools. The bill comes from a real incident where a student used the batteries from a disposable camera to configure a stun gun that he tried to use against another student. There is no good reason for a child to bring a stun gun to school. The bill closes a loophole and will help provide a safe learning environment for children. The exemption is for the legitimate use of shocking devices in approved classes, such as Future Farmers of America classes.

(Opposed) None.

Persons Testifying: Ed Holmes and Don Pierce, Washington Association of Sheriffs and Police Chiefs.

Persons Signed In To Testify But Not Testifying: None.