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  AUGUST 17, 2015
	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 another person  to occur upon the
grounds of a school, as defined, with specific intent and under
certain circumstances, and that threat creates a disruption at the
school, guilty of a misdemeanor or felony punishable by imprisonment
in a county jail for a 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) A person who, by any means, including, but not limited
to, by means of an electronic act, willfully threatens unlawful
violence  to another person  that will result in death or
great bodily injury to occur upon the grounds of a 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,   unconditional,
 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, shall be punished by imprisonment
in a county jail for a term not exceeding one year, or by
imprisonment pursuant to subdivision (h) of Section 1170.
   (b) This section does not preclude or prohibit prosecution under
any other  law.   law, except that a person
shall not be convicted for the same threat under both this section
and Section 422. 
   (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, a private or public
elementary, middle, vocational, junior high, or high school, a
community college, a public or private university, or a location
where a school-sponsored event is or will be taking  place.
  place and the threat is related to both the
school-sponsored event and to the time period during which the
school-sponsored event will occu   r. 
  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.