AN
ACT Relating to detention of minors who illegally possess firearms on school
facilities; amending RCW 9.41.280, 13.40.040, and 28A.600.230; and creating a
new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.41.280 and 1996 c 295 s 13 are each amended to read as follows:
(1)
It is unlawful for a person to carry onto, or to possess on, public or private
elementary or secondary school premises, school-provided transportation, or
areas of facilities while being used exclusively by public or private schools:
(a)
Any firearm;
(b)
Any other dangerous weapon as defined in RCW 9.41.250;
(c)
Any device commonly known as "nun-chu-ka sticks", consisting of two
or more lengths of wood, metal, plastic, or similar substance connected with
wire, rope, or other means;
(d)
Any device, commonly known as "throwing stars", which are
multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e)
Any air gun, including any air pistol or air rifle, designed to propel a BB,
pellet, or other projectile by the discharge of compressed air, carbon dioxide,
or other gas.
(2)
Any such person violating subsection (1) of this section is guilty of a gross
misdemeanor. If any person is convicted of a violation of subsection (1)(a) of
this section, the person shall have his or her concealed pistol license, if any
revoked for a period of three years. Anyone convicted under this subsection is
prohibited from applying for a concealed pistol license for a period of three
years. The court shall send notice of the revocation to the department of
licensing, and the city, town, or county which issued the license.
Any
violation of subsection (1) of this section by elementary or secondary school
students constitutes grounds for expulsion from the state's public schools in
accordance with RCW 28A.600.010. An appropriate school authority shall
promptly notify law enforcement and the student's parent or guardian regarding
any allegation or indication of such violation.
Upon
the arrest of a person at least twelve years of age and not more than
twenty-one years of age for violating subsection (1)(a) of this section, the
person shall be detained or confined in a juvenile or adult facility for up to
seventy-two hours. The person shall not be released within the seventy-two
hours until after the person has been examined and evaluated by the
county-designated mental health professional unless the court in its discretion
releases the person sooner after a determination regarding probable cause or on
probation bond or bail.
Within
twenty-four hours of the arrest, the arresting law enforcement agency shall
refer the person to the county-designated mental health professional for
examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent
or guardian of the person of the arrest, detention, and examination. The
county-designated mental health professional shall examine and evaluate the
person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination
shall occur at the facility in which the person is detained or confined. If
the person has been released on probation, bond, or bail, the examination shall
occur wherever is appropriate.
The
county-designated mental health professional may determine whether to refer the
person to the county-designated chemical dependency specialist for examination
and evaluation in accordance with chapter 70.96A RCW. The county-designated
chemical dependency specialist shall examine the person subject to the
provisions of chapter 70.96A RCW. The examination shall occur at the facility
in which the person is detained or confined. If the person has been released
on probation, bond, or bail, the examination shall occur wherever is
appropriate.
Upon
completion of any examination by the county-designated mental health
professional or the county-designated chemical dependency specialist, the
results of the examination shall be sent to the court, and the court shall
consider those results in making any determination about the person.
The
county-designated mental health professional and county-designated chemical
dependency specialist shall, to the extent permitted by law, notify a parent or
guardian of the person that an examination and evaluation has taken place and
the results of the examination. Nothing in this subsection prohibits the
delivery of additional, appropriate mental health examinations to the person
while the person is detained or confined.
If
the county-designated mental health professional determines it is appropriate,
the county-designated mental health professional may refer the person to the
local regional support network for follow-up services or the department of
social and health services or other community providers for other services to
the family and individual.
(3)
Subsection (1) of this section does not apply to:
(a)
Any student or employee of a private military academy when on the property of
the academy;
(b)
Any person engaged in military, law enforcement, or school district security
activities;
(c)
Any person who is involved in a convention, showing, demonstration, lecture, or
firearms safety course authorized by school authorities in which the firearms
of collectors or instructors are handled or displayed;
(d)
Any person while the person is participating in a firearms or air gun
competition approved by the school or school district;
(e)
Any person in possession of a pistol who has been issued a license under RCW
9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while
picking up or dropping off a student;
(f)
Any nonstudent at least eighteen years of age legally in possession of a
firearm or dangerous weapon that is secured within an attended vehicle or
concealed from view within a locked unattended vehicle while conducting
legitimate business at the school;
(g)
Any nonstudent at least eighteen years of age who is in lawful possession of an
unloaded firearm, secured in a vehicle while conducting legitimate business at
the school; or
(h)
Any law enforcement officer of the federal, state, or local government agency.
(4)
Subsections (1)(c) and (d) of this section do not apply to any person who
possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be
used in martial arts classes authorized to be conducted on the school premises.
(5)
Except as provided in subsection (3)(b), (c), (f), and (h) of this section,
firearms are not permitted in a public or private school building.
(6)
"GUN-FREE ZONE" signs shall be posted around school facilities giving
warning of the prohibition of the possession of firearms on school grounds.
Sec.
2. RCW
13.40.040 and 1997 c 338 s 13 are each amended to read as follows:
(1)
A juvenile may be taken into custody:
(a)
Pursuant to a court order if a complaint is filed with the court alleging, and
the court finds probable cause to believe, that the juvenile has committed an
offense or has violated terms of a disposition order or release order; or
(b)
Without a court order, by a law enforcement officer if grounds exist for the
arrest of an adult in identical circumstances. Admission to, and continued
custody in, a court detention facility shall be governed by subsection (2) of
this section; or
(c)
Pursuant to a court order that the juvenile be held as a material witness; or
(d)
Where the secretary or the secretary's designee has suspended the parole of a
juvenile offender.
(2)
A juvenile may not be held in detention unless there is probable cause to
believe that:
(a)
The juvenile has committed an offense or has violated the terms of a
disposition order; and
(i)
The juvenile will likely fail to appear for further proceedings; or
(ii)
Detention is required to protect the juvenile from himself or herself; or
(iii)
The juvenile is a threat to community safety; or
(iv)
The juvenile will intimidate witnesses or otherwise unlawfully interfere with
the administration of justice; or
(v)
The juvenile has committed a crime while another case was pending; or
(b)
The juvenile is a fugitive from justice; or
(c)
The juvenile's parole has been suspended or modified; or
(d)
The juvenile is a material witness.
(3)
Upon a finding that members of the community have threatened the health of a
juvenile taken into custody, at the juvenile's request the court may order
continued detention pending further order of the court.
(4)
Except as provided in RCW 9.41.280, a juvenile detained under this
section may be released upon posting a probation bond set by the court. The
juvenile's parent or guardian may sign for the probation bond. A court
authorizing such a release shall issue an order containing a statement of
conditions imposed upon the juvenile and shall set the date of his or her next
court appearance. The court shall advise the juvenile of any conditions
specified in the order and may at any time amend such an order in order to
impose additional or different conditions of release upon the juvenile or to
return the juvenile to custody for failing to conform to the conditions
imposed. In addition to requiring the juvenile to appear at the next court
date, the court may condition the probation bond on the juvenile's compliance
with conditions of release. The juvenile's parent or guardian may notify the
court that the juvenile has failed to conform to the conditions of release or
the provisions in the probation bond. If the parent notifies the court of the
juvenile's failure to comply with the probation bond, the court shall notify
the surety. As provided in the terms of the bond, the surety shall provide
notice to the court of the offender's noncompliance. A juvenile may be
released only to a responsible adult or the department of social and health
services. Failure to appear on the date scheduled by the court pursuant to this
section shall constitute the crime of bail jumping.
Sec.
3. RCW
28A.600.230 and 1989 c 271 s 246 are each amended to read as follows:
(1)
A school principal, vice principal, or principal's designee may search a
student, the student's possessions, and the student's locker, if the principal,
vice principal, or principal's designee has reasonable grounds to suspect that
the search will yield evidence of the student's violation of the law or school
rules. A search is mandatory if there are reasonable grounds to suspect a
student has illegally possessed a firearm in violation of RCW 9.41.280.
(2)
Except as provided in subsection (3) of this section, the scope of the search
is proper if the search is conducted as follows:
(a)
The methods used are reasonably related to the objectives of the search; and
(b)
Is not excessively intrusive in light of the age and sex of the student and the
nature of the suspected infraction.
(3)
A principal or vice principal or anyone acting under their direction may not
subject a student to a strip search or body cavity search as those terms are
defined in RCW 10.79.070.
NEW SECTION. Sec. 4. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1999, in the omnibus appropriations
act, this act is null and void.
