BILL REQ. #:  H-2429.4 

READ FIRST TIME 2/28/07.   

     AN ACT Relating to the possession of dangerous weapons on school facilities; amending RCW 9.41.280; and prescribing penalties.

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

Sec. 1   RCW 9.41.280 and 1999 c 167 s 1 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)) live ammunition, an ammunition magazine, or a device for suppressing the noise of any firearm;
     (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;
     (f) A blackjack, slung shot, sling shot, sand club, billy club, or metal knuckles;
     (g) Any stun gun or other object, instrument, or device which, when applied to a person or animal, is designed to administer an incapacitating electric shock, charge, or impulse, including but not limited to, a projectile stun gun, which projects wired probes attached to the device that emit an electrical charge;
     (h) Any explosive or firework as defined in RCW 70.77.126, or any weapon containing poisonous or injurious gases; or
     (i) Any dirk, dagger, spring blade knife, knife having a blade longer than three inches, razor with an unguarded blade, knife having a blade which is automatically released by a spring mechanism or other mechanical device, or knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement.
     (2) It is unlawful for a person 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, to possess and use, attempt to use, threaten to use, or intend to use, any object, implement, or instrument that has the capacity to inflict death or substantial bodily harm when the use, attempt, threat, or intent is of a nature likely to inflict such death or harm. Objects, implements, and instruments subject to this subsection include but are not limited to:
     (a) Any object or instrument equipped with a blade or sharp or sharpened extension that could reasonably be used for cutting, slicing, or stabbing, including but not limited to:
     (i) Any knife not described in subsection (1) of this section; and
     (ii) A tool or device, such as a leather punch, ice pick, or screwdriver;
     (b) Any object not described in subsection (1) of this section that could be used as a club, including a metal baton, pipe, bar, or other tool;
     (c) Any item not described in subsection (1) of this section containing poisonous or injurious gas, liquid, or other substance.
     (3) A multistakeholder advisory committee to the office of the superintendent of public instruction that addresses elements of school safety is encouraged to develop a model policy and guidance for school building administrators, school staff, school security personnel, and members of threat assessment committees regarding procedures that should be followed to document evidence of a person's use, attempt to use, threat to use, or intent to use a dangerous weapon on school grounds.
     (((2))) (4) Any ((such)) person violating subsection (1) or (2) of this section is guilty of a gross misdemeanor, except as provided in (a) of this subsection.
     (a) Any person violating subsection (1)(a) of this section is guilty of a class C felony, except that a student who was otherwise legally in possession of an unloaded firearm secured within a locked vehicle, and who possessed the firearm with no intent to use it or threaten to use it, or intent to cause or threaten to cause alarm with it, is guilty of a gross misdemeanor.
     (b) In addition, 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.
     (c) Any violation of subsection (1)(a) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.420. Any other violation by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. Within one business day of any allegation or indication of a violation, an appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding ((any)) the allegation or indication of such violation. Law enforcement shall forward this notification to the prosecuting attorney.
     (d) 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)) a person ((sooner after a determination regarding probable cause or on probation bond or bail)) under twelve years of age to the custody of a parent or guardian.
     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)) a person under twelve years of age has been released ((on probation, bond, or bail)) prior to the required examination, 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)) a person under twelve years of age has been released ((on probation, bond, or bail)) prior to the required examination, 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. If the person examined is determined by the designated mental health professional to be ineligible for detention or services relative to the provisions of chapter 71.05 or 71.34 RCW, the person should be referred to a multidisciplinary threat or risk assessment committee, where available, for determination of the person's risk for continued violence and the development of a safety plan for the person and any known targets or victims. The threat or risk assessment committee is typically comprised of representatives from school districts, local law enforcement, local juvenile justice agencies, mental health, risk management organizations, local family services organizations, and school safety or security professionals.
     (((3))) (5) 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)) other weapon specified in subsection (1) of this section 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; or
     (i) Any person legally in possession of a weapon specified in subsection (1) of this section for an activity or class authorized to be conducted on the school premises, school-provided transportation, or areas of facilities while being used exclusively by the school, where the weapon has been brought to the school premises with express prior permission to be used in the approved activity or class, or has been provided specifically for the activity or class.
     (((4))) (6) 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))) (7) Except as provided in subsection (((3))) (5)(b), (c), (((f))), and (h) of this section, firearms are not permitted in a public or private school building.
     (((6))) (8) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.