HOUSE BILL REPORT

SHB 2336

As Amended by the Senate

BYHouse Committee on Judiciary (originally sponsored by Representatives O'Brien, Wineberry, Anderson, Rector, Jones, Baugher, Hargrove, P. King, Ferguson, Jacobsen, Crane, Winsley, Schoon, Wolfe, Locke and Silver)

Increasing penalties for the manufacture, sale, or delivery of controlled substances on public buses, and on or near bus stops and public parks.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, Tate and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative H. Myers.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

The Omnibus Alcohol and Controlled Substances Act passed during the 1989 Regular Session doubles the statutory maximum penalties for various drug offenses if they are committed in a school, on a school bus, or within 1,000 feet of a school bus route stop or within 1,000 feet of school grounds.

The act also provides criminal procedure and evidentiary rules that are applicable in cases involving the enhanced penalties.  It is not a defense to the application of the enhanced penalties that persons under the age of 18 were not present when the offense was committed or that the offender was not aware that the offense was committed in a school, on a school bus, or within 1,000 feet of a school bus route stop or within 1,000 feet of school grounds.  However, it is a defense that the offense was committed entirely within a residence, no person 18 years of age or younger was present, and the offense was not committed "for profit."  Evidentiary rules are also provided for the admission as evidence of certain maps showing the location of, and distances from, a school or school bus route stop.

SUMMARY:

The provisions of the Omnibus Alcohol and Controlled Substances Act that increase the statutory maximum penalties for various drug offenses committed in or near a school, a school bus or on or near school grounds and that provide criminal procedure and evidentiary rules in cases involving the increased penalties, are extended to cover the commission of those offenses in additional places.  The additional places are:  (1) on a public transit vehicle; (2) at a transit vehicle shelter; and (3) in a park.  Public transit vehicles include any form of public transportation.

A provision is added to prevent compounding of the penalty doubling provisions for a single offense.

EFFECT OF SENATE AMENDMENTS:  The amendment makes a technical clarification to avoid confusion between the penalty provisions of the Uniform Controlled Substance Act and the Sentencing Reform Act.

Fiscal Note:      Not Requested

House Committee ‑ Testified For:    Kay Godfrey, Neighborhood Crime and Justice Center; and Eugene Wusserman, Neighborhood Business Council.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill will help discourage illegal drug activity at transit sites where it is now occurring frequently and is destroying neighborhood environments.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 94; Excused 4

Excused:    Representatives Basich, Chandler, Schmidt, Sommers D.