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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 110	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2015
	AMENDED IN SENATE  APRIL 23, 2015
	AMENDED IN SENATE  FEBRUARY 18, 2015

INTRODUCED BY   Senator Fuller
   (Principal coauthor: Assembly Member Waldron)
   (Coauthors: Senators Anderson, Huff, Stone, and Vidak)
   (Coauthors: Assembly Members Chávez, Chu, Dahle, Gallagher, Grove,
Jones, Lackey, Maienschein, Mathis, and Olsen)

                        JANUARY 9, 2015

   An act to add Section 422.2 to the Penal Code, relating to
threats.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, as amended, 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.  Under
existing law, this crime is punishable by imprisonment in a county
jail for no more than one year for a misdemeanor, or by imprisonment
in state prison for a felony. 
   This bill would make a person who, by any means, including, but
not limited to, by means of an electronic act,  willfully 
threatens unlawful violence to occur upon the grounds of a 
school   school, as defined, with specific intent and
 under certain  circumstances  
circumstances,  and that threat creates a disruption at the
school, guilty of a  misdemeanor,   misdemeanor
or felony  punishable by imprisonment in a county jail for a
 term not exceeding one year, by a fine of $1,000, or by both
that imprisonment and that fine. The bill would also make a person
convicted of violating this provision, or adjudged a ward of the
juvenile court based upon a violation of this provisions, liable to a
public agency for any reasonable costs of that public agency's
emergency response to the person's threat.   specified
term.  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 422.2 is added to the Penal Code, to read:
   422.2.  (a)  Any   A  person who, by any
means, including, but not limited to, by means of an electronic act,
 willfully  threatens unlawful violence  that will
result in death or great bodily injury  to occur upon the
grounds of a  school under circumstances where the threat
would reasonably be understood as true and the person making the
threat knows or should know that the threat would be understood as
true,   school, with the specific intent that the
statement is to be taken as a threat, even if there is no intent of
carrying it out, and where the threat, on its face and under the
circumstances in which it is made, is so unequivocal, uncondi tional,
immediate, and specific as to convey a gravity of purpose and an
immediate prospect of execution of the threat,  and that threat
creates a disruption at the school,  is guilty of a
misdemeanor, punishable   shall be punished  by
imprisonment in a county jail for a term not exceeding one year,
 a fine of one thousand dollars ($1,000),  or by
 both that  imprisonment  and fine.
  pursuant to subdivision (h) of Section 1170. 

   (b) A person convicted of violating this section, or adjudged a
ward of the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code based upon a violation of this section, is liable
to a public agency for any reasonable costs of that public agency's
emergency response to the person's threat.  
   (c) 
    (b)  This section does not preclude or prohibit
prosecution under any other law. 
   (d) 
    (c)  For purposes of this section, the following terms
have the following meanings:
   (1) "Disruption" means interference with peaceful activities of
the campus or facility.
   (2) "Electronic act" has the same meaning as in paragraph (2) of
subdivision (r) of Section 48900 of the Education Code.
   (3) "School" means a state  preschool or  
preschool,  a private or public elementary, middle, vocational,
junior high, or high  school.   school, a
community college, a public or private university, or a location
where a school-sponsored event is or will be taking place. 
  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.