H-2137.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2137
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State of Washington 57th Legislature 2001 Regular Session
By House Committee on Education (originally sponsored by Representatives Hunt, Armstrong, Talcott, Quall, Wood, Delvin, Rockefeller, Fromhold, Keiser and Jackley)
Read first time . Referred to Committee on .
AN ACT Relating to explosives on school premises; amending RCW 28A.600.420; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.600.420 and 1997 c 265 s 5 are each amended to read as follows:
(1) Any elementary or secondary school student who is determined to have carried a firearm or an explosive onto, or to have possessed a firearm or explosive on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW 28A.600.010. The superintendent of the school district, educational service district, state school for the deaf, or state school for the blind may modify the expulsion of a student on a case-by-case basis.
(2)(a) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010.
(b) For purposes of this section, "explosive" means an explosive as defined in RCW 70.74.010.
(3) This section shall be construed in a manner consistent with the individuals with disabilities education act, 20 U.S.C. Sec. 1401 et seq.
(4) Nothing in this section prevents a public school district, educational service district, the state school for the deaf, or the state school for the blind if it has expelled a student from such student's regular school setting from providing educational services to the student in an alternative setting.
(5) This section does not apply to:
(a) Any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms or explosives; or
(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms or explosives safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms or explosives; or
(c) Any student while participating in a rifle competition authorized by school authorities.
(6) A school district
may suspend or expel a student for up to one year subject to subsections (1),
(3), (4), and (5) of this section, if the student acts with malice as defined
under RCW 9A.04.110 and displays an instrument that ((appeared [appears]))
appears to be a firearm or an explosive or explosive device including
but not limited to a bomb, on public elementary or secondary school
premises, public school-provided transportation, or areas of facilities while
being used exclusively by public schools.
NEW SECTION. Sec. 2. This act shall not be construed to require suspension or expulsion for the possession of fireworks on school grounds. As used in this chapter, "fireworks" means any fireworks defined in RCW 70.77.126 and determined by the Washington state fire marshal to be legally possessed by the person in possession of the fireworks.
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