BILL NUMBER: SB 1267	CHAPTERED  08/26/02

	CHAPTER  281
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 26, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	PASSED THE ASSEMBLY  JUNE 27, 2002
	AMENDED IN ASSEMBLY  JUNE 20, 2002
	AMENDED IN SENATE  APRIL 24, 2002
	AMENDED IN SENATE  FEBRUARY 27, 2002

INTRODUCED BY   Senator Battin

                        JANUARY 15, 2002

   An act to add Section 422.1 to the Penal Code, relating to
terrorist threats.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1267, Battin.  Terrorist threats.
   Existing law provides that it is a crime to maliciously send or
place a facsimile bomb, or to make a false report of a bomb.  AB 1838
and SB 1287 would make it a crime to send or place a false or
facsimile of a weapon of mass destruction with the intent to cause
another person to fear for his or her own safety.
   This bill would provide that a person receiving a felony
conviction for maliciously sending or placing a facsimile bomb, or
making a false report of a bomb, or, if AB 1838 or SB 1287 is enacted
and becomes effective on or before January 1, 2003, of sending or
placing a false or facsimile of a weapon of mass destruction with the
intent to cause another person to fear for his or her own safety,
under circumstances in which the person knows the underlying report
was false, is liable to specified entities for property damage and
for the reasonable costs in personnel, equipment, and materials
incurred to respond to and clean up after the threat, as provided.


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


  SECTION 1.  Section 422.1 is added to the Penal Code, to read:
   422.1.  Every person who is convicted of a felony violation of
Section 148.1 or 11418.1, under circumstances in which the defendant
knew the underlying report was false, in addition to being ordered to
comply with all other applicable restitution requirements and fine
and fee provisions, shall also be ordered to pay full restitution to
each of the following:
   (a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or clean up
costs, and for any property damage, caused by the violation
directly, or stemming from any emergency response to the violation or
its aftermath.
   (b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any clean
up costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response
and clean up.
   (c) Restitution for the costs of response by a government entity
under this section shall be determined in a hearing separate from the
determination of guilt.  The court shall order restitution in an
amount no greater than the reasonable costs of the response.  The
burden shall be on the people to prove the reasonable costs of the
response.
   (d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim, as defined in subdivision (k) of
Section 1202.4.
  SEC. 2.  Section 422.1 is added to the Penal Code, to read:
   422.1.  Every person who is convicted of a felony violation of
Section 148.1 under circumstances in which the defendant knew the
underlying report was false, in addition to being ordered to comply
with all other applicable restitution requirements and fine and fee
provisions, shall also be ordered to pay full restitution to each of
the following:
   (a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or cleanup
costs, and for any property damage, caused by the violation directly,
or stemming from any emergency response to the violation or its
aftermath.
   (b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any
cleanup costs, including any overtime paid to uninvolved personnel
made necessary by the allocation of resources to the emergency
response and cleanup.
   (c) Restitution for the costs of response by a government entity
under this section shall be determined in a hearing separate from the
determination of guilt.  The court shall order restitution in an
amount no greater than the reasonable costs of the response.  The
burden shall be on the people to prove the reasonable costs of the
response.
   (d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim as defined in subdivision (k) of
Section 1202.4.
  SEC. 3.  Section 1 of this bill references Section 11418.1 of the
Penal Code, which Assembly Bill 1838 and Senate Bill 1287 propose to
add to the Penal Code.  It shall only become operative if (1)
Assembly Bill 1838, Senate Bill 1287, or both are enacted and become
effective on or before January 1, 2003, and (2) each bill adds
Section 11418.1 to the Penal Code.  Section 2 of this bill shall only
become operative if Section 11418.1 is not added to the Penal Code.