H-1196.2  _______________________________________________

                          HOUSE BILL 1682

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Sump, Clements, McMorris, Ballasiotes, Sullivan, Bush, O'Brien, Carrell, Mastin, Dunn, G. Chandler, Haigh, Linville, Mitchell, Schoesler and DeBolt

Read first time 02/02/1999.  Referred to Committee on Judiciary.

Promoting school safety.

    AN ACT Relating to promoting school safety; and adding new sections to chapter 9.41 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.41 RCW to read as follows:

    (1) The chief administrative officer of a school, or his or her designee, shall make the notification required by section 2 of this act:

    (a) Whenever a person violates RCW 9.41.280 by carrying or possessing a firearm; or

    (b) Whenever there is reasonable cause to believe that a person suffers from a mental disorder and presents an imminent likelihood of serious harm; and

    (i) The person violates RCW 9.41.280 other than by carrying or possessing a firearm; or

    (ii) While on school premises or school-provided transportation, or at a school-sponsored activity, the person makes an apparently serious attempt or express threat to inflict death or great bodily harm upon another.

    (2) For purposes of this section and section 2 of this act, "mental disorder" and "likelihood of serious harm" have the same meanings assigned them in RCW 71.05.020 and 71.34.020.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.41 RCW to read as follows:

    (1) Whenever a person's actions under section 1 of this act require notification under this section, the chief administrative officer of a school, or his or her designee, shall immediately notify the appropriate law enforcement agency of the activities and whereabouts, if known, of the person.

    (2) If the person is arrested because his or her actions under section 1 of this act constitute a criminal violation, he or she shall be confined, and the court shall order a psychological examination and evaluation of the person to be performed within seventy-two hours of his or her confinement.  The court shall consider the results of the examination and evaluation when making any decision about pretrial release of the person.

    (3) If the person is not arrested for a criminal violation, but there is reasonable cause to believe that he or she suffers from a mental disorder and presents an imminent likelihood of serious harm, the law enforcement agency shall take the person into custody and deliver the person to an evaluation and treatment facility under chapter 71.05 or 71.34 RCW, as appropriate, for determination of whether the person should be involuntarily committed for treatment of his or her mental disorder.

NEW SECTION. Sec. 3.  A new section is added to chapter 9.41 RCW to read as follows:

    (1) This act is supplemental to all other remedies and procedures otherwise available in law.  Nothing in this act removes any obligation for compliance with other law.

    (2) No school district or local government shall bear the expense of any examination or evaluation done pursuant to section 2 of this act.

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