Bill Text: CA SB456 | 2015-2016 | Regular Session | Enrolled

California Senate Bill 456 (Prior Session Legislation)

Bill Title: Criminal threats: discharge of a firearm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-04-19 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB456 Detail]

Download: California-2015-SB456-Enrolled.html

BILL NUMBER: SB 456	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  AUGUST 20, 2015
	AMENDED IN ASSEMBLY  JULY 16, 2015
	AMENDED IN ASSEMBLY  JUNE 19, 2015
	AMENDED IN ASSEMBLY  JUNE 9, 2015
	AMENDED IN SENATE  APRIL 23, 2015

INTRODUCED BY   Senator Block

                        FEBRUARY 25, 2015

   An act to add Section 422.3 to the Penal Code, relating to
criminal threats.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 456, Block. Criminal threats: discharge of a firearm.
   Existing law requires a person who willfully threatens 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, even if there is no intent of actually carrying it out,
and thereby causes that other person reasonably to be in sustained
fear for his or her own safety or for his or her immediate family's
safety, to be punished by imprisonment in a county jail not to exceed
one year, or by imprisonment in the state prison.
   This bill would make a person who willfully threatens, by
specified means, to discharge a firearm on the campus of a school, as
defined, or location where a school-sponsored event is or will be
taking place and the threat is related both to the school-sponsored
event and to the time period in which the school-sponsored event will
be taking place, with specific intent and under circumstances that
convey a gravity of purpose and an immediate prospect of execution of
the threat, guilty of a misdemeanor or felony punishable by
imprisonment in a county jail for a specified term.
   By creating a 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.


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

  SECTION 1.  Section 422.3 is added to the Penal Code, to read:
   422.3.  (a) A person who willfully threatens to discharge a
firearm, which will result in death or great bodily injury to another
person, on the campus of a school, or location where a
school-sponsored event is or will be taking place and the threat is
related both to the school-sponsored event and to the time period in
which the school-sponsored event will be taking place, 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, unconditional, immediate, and specific as to convey a
gravity of purpose and an immediate prospect of execution of the
threat, shall be punished by imprisonment in a county jail for a
period not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.
   (b) A threat to discharge a firearm described in subdivision (a)
includes a threat that is communicated orally, in writing, by means
of an electronic communication device, including, but not limited to,
a telephone, cellular telephone, computer, video recorder, fax
machine, text message, and social media, and by any other means.
   (c) For purposes of this section, "school" means a state
preschool, private or public elementary school, middle school,
vocational school, junior high school, high school, community
college, or public or private university.
   (d) This section does not preclude or prohibit prosecution under
any other law, except that a person shall not be convicted for the
same threat under both this section and Section 422.
  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.