5307-S AMS SKRA S2431.3

5307-S AAS 3/15/93

SSB 5307 - S AMD 000274

By Senators Skratek and Hargrove

Adopted 3/13/93

On page 2, line 8, after "schools" insert "for the remainder of the school year in which the violation occurs"

SSB 5307 - S AMD

By Senator Quigley

Adopted 3/13/93

On page 2, line 23, strike "or" and insert the following:

"(f) A parent, grandparent, or legal guardian who has been issued a license under RCW 9.41.070, while picking up or dropping off a student; or"

On page 2, line 24, strike "(f)" and insert "(g)"

SSB 5307 - S AMD 000275

By Senators Skratek and Hargrove

Adopted 3/13/93

On page 2, line 23, strike "or"

On page 2, line 26, after "vehicle" insert "; or

(g) Any person who is in lawful possession of an unloaded, secured firearm in a vehicle"

SSB 5307 - S AMD

BySenator Hochstatter

Adopted 3/13/93 - Roll Call 30-15

On page 2, beginning on line 26, after "vehicle" insert ";

(g) Any law enforcement officer of any federal, state, or local government agency"

SSB 5307 - S AMD - 000300

BySenator Nelson

Adopted 3/15/93

On page 2, after line 20, insert the following:

"(i) Pursuant to 18 USC 922, "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds."

SSB 5307 - S AMD 000277

By Senators Skratek and Hargrove

Adopted 3/15/93

On page 2, after line 26, insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

Each school district and private school shall report by January 31st of each year all known incidents involving the possession of weapons on school premises, transportation systems, or athletic facilities in violation of RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of representatives, the senate, and the governor."

Renumber the remaining sections consecutively and correct internal references accordingly.

SSB 5307 - S AMD

By Senators Skratek and Hargrove

Adopoted 3/15/93

On page 1, line 2 of the title, after "28A.635.060;" insert "adding a new section to chapter 28A.320 RCW;"

SSB 5307 - S AMD

By Senator Roach

Adopted 3/15/93

On page 2, beginning on line 27, strike all of Section 2.

SSB 5307 - S AMD

BySenator Roach

Adopted 3/15/93

On page 4, line 29, strike "3" and insert "2"

SSB 5307 - S AMD

BySenator Roach

Adopted 3/15/93

On page 1, line 2 of the title, after "9.41.280" strike ", 9.41.300,"

SSB 5307 - S AMD

BySenator Roach

Adopted 3/15/93

On page 5, after line 15, insert a new section as follows:

"Sec. 4. RCW 10.31.100 and 1988 c 190 s 1 are each amended to read as follows:

A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through ((~~(8)~~)) (9) of this section.

(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.

(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.100 shall have the authority to arrest the person.

(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

(9) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

(10) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

((~~(10)~~)) (11) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the police officer acts in good faith and without malice."

SSB 5307 - S AMD - 000299

BySenator Roach

On page 1, line 2 of the title, after "9.41.300" insert "10.31.100"