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

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

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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-Introduced.html

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BILL NUMBER: SB 456	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 25, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 456, as introduced, 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 the county jail not to
exceed one year, or by imprisonment in the state prison.
   This bill would provide that a person who maliciously threatens to
discharge a firearm on the campus of a public or private university,
community college, school, or location where a school-sponsored
event is taking place, and who maliciously causes the report of that
threat to be made, orally, in writing, or by means of an electronic
communication device, to law enforcement, is guilty of a misdemeanor
punishable by a fine not exceeding $1,000, by imprisonment in a
county jail for a period not exceeding one year, or by both that fine
and imprisonment. The bill would also make a person convicted of
committing this conduct, based on a report that resulted in an
emergency response, liable to the public agency for the reasonable
costs of the emergency response by that public agency.
   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.
   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 maliciously threatens to discharge a
firearm on the campus of a public or private university, community
college, school, or location where a school-sponsored event is taking
place in the state, and who maliciously causes the report of that
threat to be made to law enforcement, is guilty of a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail for a period not exceeding one year, or
by both that fine and imprisonment.
   (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, on social media, or by any other means.
   (c) "School" as used in this section means a preschool, elementary
school, middle school, junior high school, high school, or charter
school.
   (d) This section does not preclude punishing a person for conduct
described in subdivision (a) under any other law providing for
greater punishment.
   (e) A person convicted of violating this section, based upon a
report that resulted in an emergency response, is liable to the
public agency for the reasonable costs of the emergency response by
that public agency.
  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.