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

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-Amended.html

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BILL NUMBER: SB 456	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2015

INTRODUCED BY   Senator Block

                        FEBRUARY 25, 2015

   An act to add Section  422.2   422.3  to
the Penal Code, relating to criminal threats.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 456, as amended, 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   threatens, by specified means,  to
discharge a firearm on the campus of a  public or private
university, community college, school   school, as
defined  , 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,   under
circumstances where the threat would reasonably be understood as
true, and where the person making the threat knows or should know
that the threat would be understood as true,  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 state that
precautionary measures taken by a school or law enforcement agency is
evidence that the   threat was reasonably understood as
true.  The bill would also make a person convicted of committing
this  conduct, based on a report that resulted in an
emergency response,   conduct  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. 
   SECTION 1.   Section 422.3 is added to the  
Penal Code   , to read:  
   422.3.  (a) A person who threatens to discharge a firearm on the
campus of a school, or location where a school-sponsored event is
taking place, under circumstances where the threat would reasonably
be understood as true, and where the person making the threat knows
or should know that the threat would be understood as true, 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) The fact that precautionary measures were taken by a school or
law enforcement agency is evidence that the threat was reasonably
understood as true.
   (c) 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.
   (d) For purposes of this section, "school" means a state
preschool, private or public elementary school, middle school,
vocational school, junior high school, or high school.
   (e) This section does not preclude or prohibit prosecution under
any other law.
   (f) 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 the emergency response
to the person's threat 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.