BILL REQ. #: H-0934.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/01/11. Referred to Committee on Judiciary.
AN ACT Relating to preventing students from possessing sharp-bladed instruments on school facilities; and amending RCW 9.41.280.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.41.280 and 2009 c 453 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;
(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;
(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; ((or))
(f)(i) Any portable device manufactured to function as a weapon and
which is commonly known as a stun gun, including a projectile stun gun
which projects wired probes that are attached to the device that emit
an electrical charge designed to administer to a person or an animal an
electric shock, charge, or impulse; or
(ii) Any device, object, or instrument 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; or
(g) Any knife, shank, stiletto, or other similar sharp edged bladed
object, implement, or instrument.
(2) Any ((such)) person violating subsection (1) of this section is
guilty of a gross misdemeanor. 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. An
appropriate school authority shall promptly notify law enforcement and
the student's parent or guardian regarding any allegation or indication
of such violation.
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 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 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 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 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 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 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 designated mental health professional determines it is
appropriate, the 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. However, a person who is not a
commissioned law enforcement officer and who provides school security
services under the direction of a school administrator may not possess
a device listed in subsection (1)(f) of this section unless he or she
has successfully completed training in the use of such devices that is
equivalent to the training received by commissioned law enforcement
officers;
(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 weapon 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.
(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) Subsection (1)(f)(i) of this section does not apply to any
person who possesses a device listed in subsection (1)(f)(i) of this
section, if the device is possessed and used solely for the purpose
approved by a school for use in a school authorized event, lecture, or
activity conducted on the school premises.
(6) 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.
(7) "GUN-FREE ZONE" signs shall be posted around school facilities
giving warning of the prohibition of the possession of firearms on
school grounds.