SENATE BILL REPORT

SB 5248

BYSenators Bailey, Rinehart, Anderson, Metcalf, Lee, Murray, Craswell, Fleming, Gaspard, Bauer, Wojahn, Nelson, Saling, Sutherland, Rasmussen, Vognild and McMullen

Increasing penalties for the sale of drugs near schools.

Senate Committee on Education

Senate Hearing Date(s):January 24, 1989; February 2, 1989

Majority Report:  That Substitute Senate Bill No. 5248 be substitute therefor, and the substitute bill do pass.

      Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Anderson, Bender, Benitz, Craswell, Fleming, Gaspard, Metcalf, Murray, Rinehart.

Senate Staff:Leslie Goldstein (786-7424)

                  February 6, 1989

AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 2, 1989

BACKGROUND:

Reports indicate that the presence of drugs at or near schools has increased.  Substance abuse by children continues to be a severe problem.  Current law provides for increased penalties for the sale of drugs to minors by any person over the age of 18.  An additional approach in the war against drugs is to reduce children's access to drugs.

SUMMARY:

The penalty for selling certain controlled substances within 1000 feet of a public school or within 1000 feet of a designated school bus stop, or on a school bus, is increased to twice that authorized by statute.  The increased penalties apply to the manufacture, sale, or possession with the intent to manufacture, sell, or deliver a controlled substance in the designated areas.

The penalty for the sale of narcotic drugs is doubled to 20 years imprisonment or $50,000, or both.  The penalty for the sale of other drugs that are controlled substances within the designated area is doubled to 10 years imprisonment or $20,000, or both.  The increased penalties apply whether or not children are present in the designated areas.

The increased penalty will not be imposed if the prohibited conduct took place within a private residence, a person under the age of 18 was not involved, and the transaction did not take place for profit.

The Superintendent of Public Instruction through the Clearinghouse for Educational Information shall distribute information about the penalties for drugs near schools, school buses, and school bus stops.  Information about the penalties for selling drugs to minors shall also be included.

EFFECT OF PROPOSED SUBSTITUTE:

The distinction between narcotic drugs and other controlled substances is eliminated.

The 1,000 feet are measured from the perimeter of the school grounds.

The definition of school is changed to include approved private schools.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: FOR:  Norm Maleng, King County Prosecutor's Office; Ken Brownlee, Therese Destito, Tacoma School District; Leann Chaney, Washington State PTA; Don Williams, Pharmacy Board; Roxanne Parks, Sentencing Guidelines Commission; Kris Van Gorkom, Washington Association of School Administrators