BILL REQ. #:  S-4646.1 

Read first time 01/28/08.   Referred to Committee on Higher Education.

     AN ACT Relating to restricting possession of weapons at institutions of higher education; adding a new section to chapter 9.41 RCW; and prescribing penalties.

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) It is unlawful for a person to carry onto, or to possess in or on lands, buildings, or facilities owned or controlled by an institution of higher education as defined in RCW 28B.14H.010 that enrolls common or private school students participating in a program of study at that institution:
     (a) Any firearm;
     (b) Any other dangerous weapon as defined in RCW 9.41.250; or
     (c) 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 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 a student at that institution of higher education may constitute grounds for sanctions in accordance with the student conduct code. The appropriate school authority shall promptly notify law enforcement regarding any allegation or indication of such violation.
     Within twenty-four hours of an arrest, the arresting law enforcement agency shall refer the person to the designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW. The 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 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 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.
     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 designated mental health professional determines it is appropriate, the 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 person engaged in military, law enforcement, or institutional security activities;
     (b) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by the institution in which the firearms of collectors or instructors are handled or displayed;
     (c) Any person while the person is participating in a firearms or air gun competition approved by the institution;
     (d) 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;
     (e) 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 institution;
     (f) 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 institution; or
     (g) Any law enforcement officer of a federal, state, or local government agency.
     (4) Subsection (1)(b) of this section does not apply to any person who possesses dangerous weapons to be used in martial arts classes authorized to be conducted on the institutional premises.
     (5) "GUN-FREE ZONE" signs shall be posted around lands, buildings, or facilities owned or controlled by the institution of higher education giving warning of the prohibition of the possession of firearms.