H-465                _______________________________________________

                                                   HOUSE BILL NO. 1149

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Dorn, Rasmussen, Walker, Winsley, Baugher, Heavey, Vekich, Grant, Crane, R. Meyers, Patrick, Zellinsky, Anderson, Jesernig, P. King, Kremen, Todd, G. Fisher, Nealey, Valle, Hine, Basich, Rayburn, May, Scott, Cantwell, Jones, Schoon, H. Myers, Phillips, Morris, Inslee, Rector, Brough, Miller, Brumsickle, Ebersole and Wineberry

Read first time 1/18/89 and referred to Committee on Judiciary.

AN ACT Relating to personal conduct on or near school property; amending RCW 28A.87.055 and 28A.87.060; and prescribing penalties.

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

        Sec. 1.  Section 1, chapter 100, Laws of 1975-'76 2nd ex. sess. as amended by section 1, chapter 36, Laws of 1981 and RCW 28A.87.055 are each amended to read as follows:

          (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district if the person so ordered is under the influence of alcohol or drugs, or is committing, threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district.  It is unlawful for any person to engage in the use, possession, or sale of alcohol or drugs within one thousand feet of a public or private educational institution.  The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or designee reasonably believes a person ordered to leave is under the influence of alcohol or drugs, is committing acts, or is creating a disturbance as provided in this subsection.

          (2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building, grounds or property which is owned, operated or controlled by a school district when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.

          (3) Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances:  PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district, or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district:  PROVIDED FURTHER, That such activity is not conducted in violation of a prohibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district.

          (4)(a) Any person guilty of violating this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be fined not more than ((five hundred)) one thousand dollars, or imprisoned in jail for not more than six months or both so fined and imprisoned.

(b) Any person guilty of violating that portion of subsection (1) of this section dealing with the use, possession, or sale of alcohol or drugs within one thousand feet of a public or private educational institution shall be deemed guilty of a gross misdemeanor and, if convicted, shall be fined not more than five thousand dollars, or imprisoned in jail for not more than one year, or both such imprisonment and fine.

        Sec. 2.  Section 28A.87.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 315, chapter 258, Laws of 1984 and RCW 28A.87.060 are each amended to read as follows:

(1) 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.

(2) Any person guilty of violating that portion of RCW 28A.87.055(1) dealing with the use, possession, or sale of alcohol or drugs within one thousand feet of a public or private educational institution shall be deemed guilty of a gross misdemeanor and, if convicted, shall be fined not more than five thousand dollars, or imprisoned in jail for not more than one year, or both such imprisonment and fine.