CERTIFICATION OF ENROLLMENT

 

          ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1841

 

 

                   Chapter 266, Laws of 1997

 

 

 

 

                        55th Legislature

                      1997 Regular Session

 

 

SCHOOL SAFETY IMPROVEMENTS

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the House April 21, 1997

  Yeas 96   Nays 2

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate April 15, 1997

  Yeas 40   Nays 1

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1841  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved May 6, 1997 Place Style On Codes above, and Style Off Codes below.    

                                FILED          

 

 

             May 6, 1997 - 10:41 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

            ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1841

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1997 Regular Session

 

 

State of Washington      55th Legislature     1997 Regular Session

 

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Honeyford, Linville, Clements, Carrell, Mielke, Benson, Mitchell, Hickel, Sheahan, Dunn, Skinner, Johnson, L. Thomas and Backlund)

 

Read first time 03/05/97.

 Adopting provisions to improve school safety.     


    AN ACT Relating to school safety; amending RCW 28A.635.020, 28A.600.020, 28A.400.110, 28A.635.060, and 28A.320.140; reenacting and amending RCW 28A.225.330 and 9.94A.320; adding new sections to chapter 28A.600 RCW; adding a new section to chapter 9A.46 RCW; adding a new section to chapter 28A.195 RCW; adding a new section to chapter 13.04 RCW; adding a new section to chapter 13.50 RCW; adding a new section to chapter 28A.320 RCW; creating a new section; and prescribing penalties.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that the children of this state have the right to an effective public education and that both students and educators have the need to be safe and secure in the classroom if learning is to occur.  The legislature also finds, however, that children in many of our public schools are forced to focus on the threat and message of violence contained in many aspects of our society and reflected through and in gang violence activities on school campuses. 

    The legislature recognizes that the prevalence of weapons, including firearms and dangerous knives, is an increasing problem that is spreading rapidly even to elementary schools throughout the state.  Gang-related apparel and regalia compound the problem by easily concealing weapons that threaten and intimidate students and school personnel.  These threats have resulted in tragic and unnecessary bloodshed over the past two years and must be eradicated from the system if student and staff security is to be restored on school campuses.  Many educators believe that school dress significantly influences student behavior in both positive and negative ways.  Special school dress up and color days signify school spirit and provide students with a sense of unity.  Schools that have adopted school uniforms report a feeling of togetherness, greater school pride, and better student behavior in and out of the classroom.  This sense of unity provides students with the positive attitudes needed to avert the pressures of gang involvement.

    The legislature also recognizes there are other more significant factors that impact school safety such as the pervasive use of drugs and alcohol in school.  In addition to physical safety zones, schools should also be drug-free zones that expressly prohibit the sale, use, or possession of illegal drugs on school property.  Students involved in drug-related activity are unable to benefit fully from educational opportunities and are disruptive to the learning environment of their fellow students.  Schools must be empowered to make decisions that positively impact student learning by eradicating drug use and possession on their campuses.  This flexibility should also be afforded to schools as they deal with other harmful substance abuse activities engaged in by their students.

    Toward this end, the legislature recognizes the important role of the classroom teacher who must be empowered to restore discipline and safety in the classroom.  Teachers must have the ability to control the conduct of students to ensure that their mission of educating students may be achieved.  Disruptive behavior must not be allowed to continue to divert attention, time, and resources from educational activities.

    The legislature therefore intends to define gang-related activities as criminal behavior disruptive not only to the learning environment but to society as a whole, and to provide educators with the authority to restore order and safety to the student learning environment, eliminate the influence of gang activities, and eradicate drug and substance abuse on school campuses, thus empowering educators to regain control of our classrooms and provide our students with the best educational opportunities available in our schools.

    The legislature also finds that students and school employees have been subjected to violence such as rapes, assaults, or harassment that has not been gang or drug-related criminal activity.  The legislature intends that all violence and harassment directed at students and school personnel be eradicated in public schools.

 

    NEW SECTION.  Sec. 2.   A new section is added to chapter 28A.600 RCW to read as follows:

    (1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds.

    (2) "Gang" means a group which: (a) Consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 9A.46 RCW to read as follows:

    A person commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in section 2 of this act, if the person who threatens the victim or the victim attends or is registered in a public or alternative school.  Criminal gang intimidation is a class C felony.

 

    Sec. 4.  RCW 28A.225.330 and 1995 c 324 s 2 and 1995 c 311 s 25 are each reenacted and amended to read as follows:

    (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

    (a) Any history of placement in special educational programs;

    (b) Any past, current, or pending disciplinary action;

    (c) Any history of violent behavior, or behavior listed in section 7 of this act;

    (d) Any unpaid fines or fees imposed by other schools; and

    (e) Any health conditions affecting the student's educational needs.

    (2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action, attendance, immunization records, and academic performance.  If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, immunization records, and records of disciplinary action.  If the official transcript is not sent due to unpaid tuition, fees, or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

    (3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible.  Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith.  The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

    (4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

 

    NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.195 RCW to read as follows:

    If a student who previously attended an approved private school enrolls in a public school but has not paid tuition, fees, or fines at the approved private school, the approved private school may withhold the student's official transcript, but shall transmit information to the public school about the student's academic performance, special placement, immunization records, and records of disciplinary action.

 

    Sec. 6.  RCW 28A.635.020 and 1981 c 36 s 1 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.  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) Any person guilty of violating this section shall be deemed guilty of a gross misdemeanor ((and, upon conviction therefor, shall be fined not more than five hundred dollars, or imprisoned in jail for not more than six months or both so fined and imprisoned)) punishable as provided in chapter 9A.20 RCW.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 13.04 RCW to read as follows:

    (1) Whenever a minor enrolled in any common school is convicted in adult criminal court, or adjudicated or entered into a diversion agreement with the juvenile court on any of the following offenses, the court must notify the principal of the student's school of the disposition of the case, after first notifying the parent or legal guardian that such notification will be made:

    (a) A violent offense as defined in RCW 9.94A.030;

    (b) A sex offense as defined in RCW 9.94A.030;

    (c) Inhaling toxic fumes under chapter 9.47A RCW;

    (d) A controlled substances violation under chapter 69.50 RCW;

    (e) A liquor violation under RCW 66.44.270; and

    (f) Any crime under chapters 9A.36, 9A.40, 9A.46, and 9A.48 RCW.

    (2) The principal must provide the information received under subsection (1) of this section to every teacher of any student who qualifies under subsection (1) of this section and any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record.  The principal must provide the information to teachers and other personnel based on any written records that the principal maintains or receives from a juvenile court administrator or a law enforcement agency regarding the student.

    (3) Any information received by a principal or school personnel under this section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 13.50 RCW to read as follows:

    Records of disposition for a juvenile offense must be provided to schools as provided in section 7 of this act.

 

    NEW SECTION.  Sec. 9.  A new section is added to chapter 28A.600 RCW to read as follows:

    (1) School district boards of directors shall adopt policies that restore discipline to the classroom.  Such policies must provide for at least the following:  Allowing each teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process.  Disciplinary action may include but is not limited to:  Oral or written reprimands; written notification to parents of disruptive behavior, a copy of which must be provided to the principal.

    (2) A student committing an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned.

    (3) A student who commits an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.  A student who commits an offense under one of the chapters enumerated in this section against a student or another school employee, may be expelled or suspended.

    (4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior.

    (5) All school districts must collect data on disciplinary actions taken in each school.  The information shall be made available to the public upon request.  This collection of data shall not include personally identifiable information including, but not limited to, a student's social security number, name, or address.

 

    NEW SECTION.  Sec. 10.  A new section is added to chapter 28A.320 RCW to read as follows:

    School district boards of directors may adopt policies that limit the possession of (1) paging telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or delivers a communication to the possessor, and (2) portable or cellular telephones.

 

    Sec. 11.  RCW 28A.600.020 and 1990 c 33 s 497 are each amended to read as follows:

    (1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to insure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.

    (2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first((:  PROVIDED, That)).  Except in emergency circumstances, the teacher ((shall have)) first ((attempted)) must attempt one or more alternative forms of corrective action((:  PROVIDED FURTHER, That)).  In no event without the consent of the teacher ((shall))  may an excluded student ((be returned)) return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred.

    (3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district.  Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems.  Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students((:  PROVIDED, That)).  The procedures ((are)) must be consistent with the ((regulations)) rules of the state board of education and must provide for early involvement of parents in attempts to improve the student's behavior((:  PROVIDED FURTHER, That pursuant to RCW 28A.400.110,)).

    (4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.

    (5) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after the effective date of this section:

    (a) Engages in two or more violations within a three-year period of section 2, 3, 9, or 10 of this act, RCW 28A.635.020, 28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140; or

    (b) Engages in one or more of the offenses listed in section 7 of this act.

    The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action.

 

    Sec. 12.  RCW 28A.400.110 and 1990 c 33 s 379 are each amended to read as follows:

    Within each school the school principal shall determine that appropriate student discipline is established and enforced.  In order to assist the principal in carrying out the intent of this section, the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforcement of those standards.  Such building standards shall be consistent with the provisions of RCW 28A.600.020(3).

    School principals and certificated employees shall also confer annually, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.

 

    Sec. 13.  RCW 28A.635.060 and 1994 c 304 s 1 are each amended to read as follows:

    (1) Any pupil who ((shall)) defaces or otherwise injures any school property, ((shall be liable)) or property belonging to a school contractor, employee, or another student, is subject to suspension and punishment.  If any property of the school district ((whose property)), a contractor of the district, an employee, or another student has been lost or willfully cut, defaced, or injured, the school district may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages.  If the student is suspended, the student may not be readmitted until the student or parents or legal guardian has made payment in full or until directed by the superintendent of schools.  If the property damaged is a school bus owned and operated by or contracted to any school district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed by the superintendent.  When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages.  Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released.  The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

    (2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

    (3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason.

 

    Sec. 14.  RCW 28A.320.140 and 1994 sp.s. c 7 s 612 are each amended to read as follows:

    (1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which:  (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.

    (2) School district boards of directors may establish schools or programs in which:  (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.  School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.

    (3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

    (4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code.  However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

    (5) School district boards of directors may adopt dress and grooming code policies which prohibit students from wearing gang-related apparel.  If a dress and grooming code policy contains this provision, the school board must also establish policies to notify students and parents of what clothing and apparel is considered to be gang-related apparel.  This notice must precede any disciplinary action resulting from a student wearing gang-related apparel.

    (6) School district boards of directors may not adopt a dress and grooming code policy which precludes students who participate in nationally recognized youth organizations from wearing organization uniforms on days that the organization has a scheduled activity or prohibit students from wearing clothing in observance of their religion.

 

    Sec. 15.  RCW 9.94A.320 and 1996 c 302 s 6, 1996 c 205 s 3, and 1996 c 36 s 2 are each reenacted and amended to read as follows: 

 

                              TABLE 2

 

           CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVAggravated Murder 1 (RCW 10.95.020)

 

XIVMurder 1 (RCW 9A.32.030)

    Homicide by abuse (RCW 9A.32.055)

 

XIIIMurder 2 (RCW 9A.32.050)

 

XIIAssault 1 (RCW 9A.36.011)

    Assault of a Child 1 (RCW 9A.36.120)

 

XIRape 1 (RCW 9A.44.040)

    Rape of a Child 1 (RCW 9A.44.073)

 

XKidnapping 1 (RCW 9A.40.020)

    Rape 2 (RCW 9A.44.050)

    Rape of a Child 2 (RCW 9A.44.076)

    Child Molestation 1 (RCW 9A.44.083)

    Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

    Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

    Leading Organized Crime (RCW 9A.82.060(1)(a))

 

IXAssault of a Child 2 (RCW 9A.36.130)

    Robbery 1 (RCW 9A.56.200)

    Manslaughter 1 (RCW 9A.32.060)

    Explosive devices prohibited (RCW 70.74.180)

    Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

    Endangering life and property by explosives with threat to human being (RCW 70.74.270)

    Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

    Controlled Substance Homicide (RCW 69.50.415)

    Sexual Exploitation (RCW 9.68A.040)

    Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

    Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

VIIIArson 1 (RCW 9A.48.020)

    Promoting Prostitution 1 (RCW 9A.88.070)

    Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

    Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

    Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

    Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

    Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 

VIIBurglary 1 (RCW 9A.52.020)

    Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

    Introducing Contraband 1 (RCW 9A.76.140)

    Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

    Child Molestation 2 (RCW 9A.44.086)

    Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

    Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

    Involving a minor in drug dealing (RCW 69.50.401(f))

    Reckless Endangerment 1 (RCW 9A.36.045)

    Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

 

VIBribery (RCW 9A.68.010)

    Manslaughter 2 (RCW 9A.32.070)

    Rape of a Child 3 (RCW 9A.44.079)

    Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

    Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

    Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

    Incest 1 (RCW 9A.64.020(1))

    Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

    Intimidating a Judge (RCW 9A.72.160)

    Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

    Theft of a Firearm (RCW 9A.56.300)

 

VPersistent prison misbehavior (RCW 9.94.070)

Criminal Mistreatment 1 (RCW 9A.42.020)

Abandonment of dependent person 1 (RCW 9A.42.060)

    Rape 3 (RCW 9A.44.060)

    Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

    Child Molestation 3 (RCW 9A.44.089)

    Kidnapping 2 (RCW 9A.40.030)

    Extortion 1 (RCW 9A.56.120)

    Incest 2 (RCW 9A.64.020(2))

    Perjury 1 (RCW 9A.72.020)

    Extortionate Extension of Credit (RCW 9A.82.020)

    Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

    Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

    Rendering Criminal Assistance 1 (RCW 9A.76.070)

    Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

    Sexually Violating Human Remains (RCW 9A.44.105)

    Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

    Possession of a Stolen Firearm (RCW 9A.56.310)

 

IVResidential Burglary (RCW 9A.52.025)

    Theft of Livestock 1 (RCW 9A.56.080)

    Robbery 2 (RCW 9A.56.210)

    Assault 2 (RCW 9A.36.021)

    Escape 1 (RCW 9A.76.110)

    Arson 2 (RCW 9A.48.030)

    Commercial Bribery (RCW 9A.68.060)

    Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

    Malicious Harassment (RCW 9A.36.080)

    Threats to Bomb (RCW 9.61.160)

    Willful Failure to Return from Furlough (RCW 72.66.060)

    Hit and Run ‑- Injury Accident (RCW 46.52.020(4))

    Hit and Run with Vessel ‑- Injury Accident (RCW 88.12.155(3))

    Vehicular Assault (RCW 46.61.522)

    Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (iii) through (v))

    Influencing Outcome of Sporting Event (RCW 9A.82.070)

    Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

    Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

 

IIICriminal Gang Intimidation (RCW 9A.46.-- (section 3 of this act))

    Criminal Mistreatment 2 (RCW 9A.42.030)

    Abandonment of dependent person 2 (RCW 9A.42.070)

    Extortion 2 (RCW 9A.56.130)

    Unlawful Imprisonment (RCW 9A.40.040)

    Assault 3 (RCW 9A.36.031)

    Assault of a Child 3 (RCW 9A.36.140)

    Custodial Assault (RCW 9A.36.100)

    Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

    Harassment (RCW 9A.46.020)

    Promoting Prostitution 2 (RCW 9A.88.080)

    Willful Failure to Return from Work Release (RCW 72.65.070)

    Burglary 2 (RCW 9A.52.030)

    Introducing Contraband 2 (RCW 9A.76.150)

    Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

    Patronizing a Juvenile Prostitute (RCW 9.68A.100)

    Escape 2 (RCW 9A.76.120)

    Perjury 2 (RCW 9A.72.030)

    Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

    Intimidating a Public Servant (RCW 9A.76.180)

    Tampering with a Witness (RCW 9A.72.120)

    Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

    Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

    Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

    Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

    Theft of livestock 2 (RCW 9A.56.080)

    Securities Act violation (RCW 21.20.400)

 

IIUnlawful Practice of Law (RCW 2.48.180)

Malicious Mischief 1 (RCW 9A.48.070)

    Possession of Stolen Property 1 (RCW 9A.56.150)

    Theft 1 (RCW 9A.56.030)

    Trafficking in Insurance Claims (RCW 48.30A.015)

    Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

    Health Care False Claims (RCW 48.80.030)

    Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

    Possession of phencyclidine (PCP) (RCW 69.50.401(d))

    Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

    Computer Trespass 1 (RCW 9A.52.110)

    Escape from Community Custody (RCW 72.09.310)

 

ITheft 2 (RCW 9A.56.040)

    Possession of Stolen Property 2 (RCW 9A.56.160)

    Forgery (RCW 9A.60.020)

    Taking Motor Vehicle Without Permission (RCW 9A.56.070)

    Vehicle Prowl 1 (RCW 9A.52.095)

    Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

    Malicious Mischief 2 (RCW 9A.48.080)

    Reckless Burning 1 (RCW 9A.48.040)

    Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

    Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

    False Verification for Welfare (RCW 74.08.055)

    Forged Prescription (RCW 69.41.020)

    Forged Prescription for a Controlled Substance (RCW 69.50.403)

    Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))

 

    NEW SECTION.  Sec. 16.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


    Passed the House April 21, 1997.

    Passed the Senate April 15, 1997.

Approved by the Governor May 6, 1997.

    Filed in Office of Secretary of State May 6, 1997.