BILL REQ. #:  Z-1000.1 

Read first time 01/14/10.   Referred to Committee on Education.

     AN ACT Relating to school safety zones; amending RCW 28A.635.030 and 9A.84.030; adding a new section to chapter 28A.635 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.635 RCW to read as follows:
     (1) The legislature recognizes that gang activity and other criminal activity in the vicinity of and on school campuses interferes with the safe and orderly operation of public and private schools and the educational rights of the children of the state. For the purpose of promoting the safety of students and staff in the schools of the state and the orderly operation of schools, the legislature intends to designate school properties and adjacent areas as school safety zones.
     (2) School safety zones are inclusive of all areas within a one thousand-foot radius of any public school facility while that facility is being used by students or school staff, and all school properties at all times.
     (a) For the purposes of this section, "school properties" includes all real properties owned, operated, or under the control of any school district, and any vehicle owned or operated by a school district; and
     (b) Those portions of the properties of any community or technical college or educational service district that are used to provide educational services to students in kindergarten through grade twelve.
     (3) It is unlawful for any person to remain on or return to public properties or spaces within a school safety zone or to enter any school properties:
     (a) After being properly notified by any authorized school administrator, designee, or law enforcement officer that probable cause exists that the person's activities or conduct within the school safety zone constitute a violation of one or more of the following, whether or not the violation results in arrest, citation, or prosecution:
     (i) Disorderly conduct under RCW 9A.84.030 or the local county or municipal code;
     (ii) Malicious harassment under RCW 9A.36.080, when the harassment is aimed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (iii) Harassment under RCW 9A.46.020, when the harassment is aimed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (iv) Stalking under RCW 9A.46.110 when the stalking is aimed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (v) Criminal gang intimidation under RCW 9A.46.120;
     (vi) Malicious mischief under chapter 9A.48 RCW, when the crime is committed against a student or staff member's property, affects school property, or impairs school operations;
     (vii) Criminal street gang tagging and graffiti under RCW 9A.48.105;
     (viii) Criminal trespass under chapter 9A.52 RCW, when the trespass occurs on school property including school vehicles;
     (ix) Threat to bomb or injure property under RCW 9.61.160, when the threat is made against any school building or property, or the property of any school employee, student, volunteer, or person contracted to the school district, when the threat is reasonably related to that person's legitimate school business;
     (x) Delivery or possession with intent to deliver a controlled substance under chapter 69.50 RCW;
     (xi) Illegal possession of any dangerous weapon under RCW 9.41.250;
     (xii) Unlawful display of a weapon under RCW 9.41.270 when the violation places school employees, students, volunteers, persons under contract to the school district, or visitors at risk of harm;
     (xiii) Illegal possession of a firearm or dangerous weapon on school property under RCW 9.41.280;
     (xiv) Any other violation of chapter 9.41 RCW not otherwise enumerated in this section;
     (xv) Any violent offense as defined in RCW 9.94A.030, when that offense is directed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (xvi) Disturbing school, school activities, or meetings as prohibited under RCW 28A.635.020;
     (xvii) Interfering with any administrator, teacher, classified employee, or student by threat of force or violence under RCW 28A.635.100;
     (xviii) Intimidating any administrator, teacher, classified employee, or student by threat of force or violence under RCW 28A.635.100;
     (xix) Reckless driving as defined under RCW 46.61.500 when the act endangers school employees, students, volunteers, persons under contract to the school district, or visitors or when the act threatens to or causes significant damage to school property; or
     (xx) The distribution or delivery of any substance, item, or material to any minor student when possession of that substance, item, or material by the recipient student is prohibited by any state or federal law;
     (b) After being properly notified by an authorized school administrator, designee, or law enforcement officer that:
     (i) The person's presence and willful conduct are causing a substantial and material disruption of the educational process; or
     (ii) The person's conduct creates a substantial risk of injury to any person or substantial harm to property;
     (c) If the person has been convicted of any of the following, if the person is notified by the convicting court or the person's probation or parole officer of the requirement to be excluded from the school safety zones:
     (i) Criminal gang intimidation under RCW 9A.46.120;
     (ii) Illegal possession of a firearm or dangerous weapon on school property under RCW 9.41.280;
     (iii) Threat to bomb or injure property under RCW 9.61.160 when that offense was directed at any school building or property or the property of any school employee, volunteer, person contracted to the school district, or student;
     (iv) Delivery or possession with intent to deliver a controlled substance under chapter 69.50 RCW;
     (v) Any violent offense as defined in RCW 9.94A.030 when the offense was directed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (vi) Any serious violent felony offense as defined in RCW 9.94A.030, when the offense was directed at any school employee, volunteer, student, person contracted to the school district, or visitor;
     (vii) Any criminal street gang-related offense, as defined in RCW 9.94A.030, if the offense either occurred within a school safety zone or was directed at a school employee, student, volunteer, person contracted to the school district, or visitor while engaged in school business or under circumstances where it is reasonable to conclude that the offense was connected to legitimate school business.
     (4)(a) Persons required to be excluded from a school safety zone under subsection (3) of this section are not subject to enforcement action unless they have received prior notice in accordance with this section and reasonable opportunity to vacate the area.
     (b) A person may be excluded from a school safety zone for a period not to exceed twenty-four hours by verbal notice from an authorized school administrator, designee, or law enforcement officer. Verbal notice must include the reason for the exclusion, the duration of the exclusion, and the penalty for failure to comply.
     (c)(i) A person may be excluded from a school safety zone for a period not exceeding ninety days if notice is delivered in writing to the subject or delivery has been attempted and documented as provided in this subsection (4)(c). An exclusion order may be extended for an additional ninety days if there is good and sufficient cause to believe the subject of the exclusion order is a continuing threat to the safety of staff or students.
     (ii) In the case of an exclusion exceeding twenty-four hours, written notice must include the reason for the exclusion, the duration and effective hours of the exclusion imposed, details of permissible presence in the school safety zone or on school property, the penalty for violation of the exclusion order, and the means of appealing the exclusion.
     (iii) The recipient of the notice under this subsection (4)(c) must acknowledge receipt by his or her signature on the exclusion order and must receive the original copy at the time of notice.
     (iv) If the subject under this subsection (4)(c) refuses delivery or signature, an exclusion order showing attempted delivery confirmed by two witnesses carries the same weight as an exclusion order executed with the signature of the subject.
     (v) Exclusion notices imposed under this subjection (4)(c) must be reported to the local law enforcement agency as soon as reasonably possible, but in no case more than forty-eight hours after delivery to the subject.
     (5)(a) A person excluded from a school safety zone under subsection (3) of this section may request an appeal hearing with the school district superintendent to have the exclusion notice rescinded, the period shortened, or the provisions of the exclusion modified.
     (b) Notice of appeal must be made in writing unless the superintendent waives this requirement.
     (c) An appeal hearing under this subsection (5) shall be an adjudicative proceeding conducted by an impartial hearing officer appointed by the school district superintendent. The hearing must be concluded within fifteen business days after the notice of appeal. The hearing examiner may extend this period at the request of the appellant for an additional fifteen days if the appellant shows good cause.
     (d) A hearing officer:
     (i) Must not be an employee of the school district;
     (ii) Must not be a person having a personal or professional interest that conflicts with the person's objectivity in the hearing;
     (iii) Must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
     (iv) Must possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
     (e) A person who otherwise qualifies to conduct an appeal hearing under (d) of this subsection is not an employee of the school district solely because he or she is paid by the school district to serve as a hearing officer.
     (f) Either party to the appeal hearing may call and cross-examine witnesses, produce documents, or introduce other evidence. Any written or physical material to be introduced must be made available to the opposing party at least twenty-four hours before the scheduled hearing time.
     (g) A party to an appeal hearing may be advised and represented at the party's own expense by counsel.
     (h) The hearing officer shall determine whether a preponderance of the evidence supports excluding the appellant under subsection (3) of this section.
     (i) The hearing officer shall issue a written decision within three business days of the conclusion of the appeal hearing, to be delivered by certified mail to the subject of the exclusion.
     (j) The decision of the hearing officer is final. An appellant may seek judicial review of the decision by filing a writ of review in superior court.
     (k) The exclusion order shall remain in full effect during the pendency of any administrative or judicial proceeding.
     (6)(a) A violation of an exclusion order under subsection (3) of this section constitutes criminal trespass, punishable as provided in RCW 9A.20.021.
     (b) A person who violates an exclusion order issued under subsection (3) of this section and who is found to be illegally in possession of any firearm defined in chapter 9.41 RCW or in illegal possession of a dangerous weapon as provided under RCW 9.41.250 is guilty of a class C felony.
     (7) This section does not preclude or prohibit prosecution under any other provision of law.
     (8)(a) It is an affirmative defense to a prosecution brought under this section that the person who violates an exclusion order issued pursuant to subsection (3) of this section:
     (i) Was present in a school safety zone for a lawful purpose reasonably requiring the person's presence at that time and location, including legitimate business on school grounds, required commercial business, legitimate employment, or business with a government agency located within the school safety zone;
     (ii) Was occupying private properties in the school safety zone as an owner or tenant or was present on private properties within a school safety zone when reasonably required for a lawful purpose at that time and location, if the person is in compliance with all pertinent laws; or
     (iii) Was transiting through a school safety zone on a public thoroughfare while on legitimate business as described in (a)(i) and (ii) of this subsection if there was no other reasonable route of travel, if the person followed the most direct route through the school safety zone.
     (b) Persons subject to an exclusion order but permitted to be in a school safety zone under (a) of this subsection:
     (i) May not loiter on public properties within a school safety zone or purposely interact with staff, students, or visitors of a school except when specifically required by legitimate school business; and
     (ii) May be presumed to not have a legitimate lawful purpose to be present in the school safety zone if they take flight upon the appearance of a law enforcement officer, school administrator, or designee, refuse to identify themselves, or manifestly endeavor to conceal themselves or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, before any arrest for an offense under this section, afford the person an opportunity to explain how the person's presence in the school safety zone is for a lawful purpose by requesting the person identify himself or herself and explain his or her presence and conduct. No person may be convicted of an offense under this section if the law enforcement officer did not comply with this procedure.
     (9) This section does not prohibit any person under an exclusion order issued pursuant to subsection (3) of this section from being present on school property for legitimate purposes if the person has the prior express permission of the principal or other authorized school administrator. The parent or legal guardian of a student enrolled in a school shall be assumed to have permission to be on school grounds if he or she has been summoned to the school for a disciplinary incident, medical emergency, scheduled meeting, or family emergency.
     (10) This section may not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or to prohibit any lawful act, including picketing, strikes, or collective bargaining, nor may this section be used to exclude a person from public properties in a school safety zone solely on the basis of his or her physical appearance.

Sec. 2   RCW 28A.635.030 and 1984 c 258 s 315 are each amended to read as follows:
     Any person who shall willfully create a disturbance on school premises during school hours or at school activities or school meetings shall be guilty of a misdemeanor, ((the penalty for which shall be a fine in any sum not more than fifty dollars)) punishable as provided in RCW 9A.20.021.

Sec. 3   RCW 9A.84.030 and 2007 c 2 s 1 are each amended to read as follows:
     (1) A person is guilty of disorderly conduct if the person:
     (a) Uses abusive language and thereby intentionally creates a risk of assault;
     (b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
     (c) Intentionally disrupts any school operations or school activity without lawful authority;
     (d) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
     (((d))) (e)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:
     (A) The location where a funeral or burial is being performed;
     (B) A funeral home during the viewing of a deceased person;
     (C) A funeral procession, if the person described in this subsection (1)(((d))) (e) knows that the funeral procession is taking place; or
     (D) A building in which a funeral or memorial service is being conducted; and
     (ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
     (2) Disorderly conduct is a misdemeanor, punishable as provided in RCW 9A.20.021.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.