Bill Text: CA SB110 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Threats: schools.

Spectrum: Moderate Partisan Bill (Republican 14-2)

Status: (Vetoed) 2016-04-19 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB110 Detail]

Download: California-2015-SB110-Introduced.html
BILL NUMBER: SB 110	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller
   (Principal coauthor: Assembly Member Waldron)
   (Coauthors: Senators Anderson, Huff, and Vidak)
   (Coauthors: Assembly Members Jones, Lackey, Maienschein, and
Mathis)

                        JANUARY 9, 2015

   An act to add Section 626.3 to the Penal Code, relating to
threats.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, as introduced, Fuller. Threats: schools.
   Existing law makes it a crime to willfully threaten to commit a
crime that will result in death or great bodily injury to another
person, with the specific intent that the statement is to be taken as
a threat and which, on its face and under the circumstances in which
it is made, is so unequivocal, unconditional, immediate, and
specific as to convey to the person threatened a gravity of purpose
and an immediate prospect of execution of the threat, and thereby
causes that person reasonably to be in sustained fear for his or her
own safety or for his or her immediate family's safety.
   This bill would also provide that a person who, by means of an
electronic act, threatens unlawful violence to occur upon the grounds
of a school and that threat creates a disruption at the school,
shall be punished by imprisonment in the county jail for a term not
exceeding one year. By creating a new crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 626.3 is added to the Penal Code, to read:
   626.3.  (a) Each person who, by means of an electronic act,
threatens unlawful violence to occur upon the grounds of a school and
that threat creates a disruption at the school, shall be punished by
imprisonment in the county jail for a term not exceeding one year.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Electronic act" has the same meaning as in paragraph (2) of
subdivision (r) of Section 48900 of the Education Code.
   (2) "Disruption" means an act likely to interfere with peaceful
activities of the campus or facility.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.       
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