S-4727               _______________________________________________

                                                   SENATE BILL NO. 6856

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Fleming, Talmadge, Warnke and Sutherland

Read first time 1/31/90 and referred to Committee on  Law & Justice.

AN ACT Relating to the sale of drugs near parks and bus shelters; amending RCW 69.50.435; and prescribing penalties.

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

        Sec. 1.  Section 112, chapter 271, Laws of 1989 and RCW 69.50.435 are each amended to read as follows:

          (a) Any person who violates RCW 69.50.401(a) by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under that subsection to a person in a school or public park or on a school bus or within one thousand feet of a school bus route stop designated by the school district or a public transit bus route stop or within one thousand feet of the perimeter of the school grounds or public park is punishable by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment.

          (b) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or public park or school bus or within one thousand feet of the school or public park or school or public transit bus route stop.

          (c) It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the school bus, or at the school bus route stop at the time of the offense or that school was not in session.

          (d) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401(a) for profit.  The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.  This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

          (e) In a prosecution under this section, a map produced or reproduced by any municipal, school district, or county engineer for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school or public park or school or public transit bus route stop, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, or county has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school or public park or school or public transit bus route stop.  Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county.  This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense.  This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, or county if the map or diagram is otherwise admissible under court rule.

          (f) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

          (1) "School" has the meaning under RCW 28A.01.055 or 28A.01.060.  The term "school" also includes a private school approved under RCW 28A.02.201;

          (2) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students.  The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system; and

          (3) "School bus route stop" means a school bus stop as designated on maps submitted by school districts to the office of the superintendent of public instruction.