Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Community Safety Committee
ESB 5272
Brief Description: Improving school safety by extending penalties for interference by, or intimidation by threat of, force or violence at schools and extracurricular activities and requiring schools to notify the public of such penalties.
Sponsors: Senators Lovick, Krishnadasan and SaldaƱa.
Brief Summary of Engrossed Bill
  • Expands the school-related crimes of Interference by Force or Violence and Intimidation by Threat of Force or Violence, and increases the penalties for Interference by Force or Violence.
Hearing Date: 2/18/26
Staff: Lena Langer (786-7192).
Background:

Classification of Crimes.

Crimes are classified as misdemeanors, gross misdemeanors, or class A, B, or C felonies.  While there are exceptions, the classification of a crime generally determines the maximum term of confinement and fine for an offense.  For each classification, the maximum terms of confinement and maximum fines are as follows: 

ClassificationMaximum ConfinementMaximum Fine
Misdemeanor 90 Days$1,000
Gross Misdemeanor364 Days$5,000
Class C Felony5 Years$10,000
Class B Felony10 Years$20,000

 

Class A FelonyLife$50,000

 

Interference by, or Intimidation by Threat of, Force or Violence.

It is a gross misdemeanor for a person to interfere by force or violence with a teacher, administrator, classified employee, contract employee, or student who is in the peaceful discharge or conduct of his or her duties or studies.  The penalty for Interference by Force or Violence is a fine of up to $500, confinement for not more than six months, or both a fine and confinement. 

 

A student who interferes by force or violence with a teacher, administrator, classified employee, contract employee, or student is subject to immediate suspension or expulsion. 

 

It is a gross misdemeanor for a person to intimidate by threat of force or violence a teacher, administrator, classified employee, or student who is in the peaceful discharge or conduct of his or her duties or studies.  The penalty for Intimidation by Threat of Force or Violence is a fine of up to $500, confinement for not more than six months, or both a fine and confinement. 

 

Emergency Removal of Students.

Emergency removals of students must end or be converted to another form of corrective action within 10 school days from the date of the emergency removal from school.  The rules of the Office of the Superintendent of Public Instruction provide that a student may be removed from their school placement when the school district has sufficient cause to believe that the student's presence poses either:  (1) an immediate and continuing danger to other students or school personnel; or (2) an immediate and continuing threat of material and substantial disruption of the educational process.  In many state laws related to student discipline, the term "emergency expulsion" has been replaced with "emergency removal."

Summary of Bill:

The offenses of Interference by Force or Violence and Intimidation by Threat of Force or Violence are expanded to include the interference by force or violence with, or intimidation by threat of force or violence of, an employee or contractor of a public or private elementary or secondary school, an elementary or secondary student, or an official or volunteer acting as an official for extracurricular athletic activities of elementary or secondary students, while that person is in the peaceful discharge or conduct of his or her duties or studies. 

 

The penalty for Interference by Force or Violence is a fine of up to $1,000, rather than $500, confinement for not more than 364 days, rather than six months, or both a fine and confinement.  A person, other than a student, convicted of Interference by Force or Violence must be excluded from entering the school where the offense was committed, or from attending the extracurricular athletic activities in which the offense was committed, for no less than 12 months and no more than 18 months. 

 

Language providing that a student who interferes by force or violence with a teacher, administrator, classified employee, contract employee, or student is subject to immediate suspension or expulsion is removed.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.