Amended in Senate February 18, 2015

Senate BillNo. 110


Introduced by Senator Fuller

(Principal coauthor: Assembly Member Waldron)

(Coauthors: Senators Anderson, Huff,begin insert Stone,end insert and Vidak)

(Coauthors: Assembly Membersbegin insert Cháend insertbegin insertvez, Chu, Dahle, Gallagher, Grove,end insert Jones, Lackey, Maienschein,begin delete and Mathisend deletebegin insert Mathis, and Olsenend insert)

January 9, 2015


An act to add Section 626.3 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.

This bill would also provide that a person who,begin insert by any means, including, but not limited to,end insert by means of an electronic act, threatens unlawful violence to occur upon the grounds of a school and that threat creates a disruption at the school, shall be punished by imprisonment inbegin delete theend deletebegin insert aend insert county jail for a term not exceeding one year. 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:

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SECTION 1.  

Section 626.3 is added to the Penal Code, to read:

2

626.3.  

(a) Each person who,begin insert by any means, including, but not
3limited to,end insert
by means of an electronic act, threatens unlawful
4violence to occur upon the grounds of a school and that threat
5creates a disruption at the school, shall be punished by
6imprisonment inbegin delete theend deletebegin insert aend insert county jail for a term not exceeding one
7year.

8(b) For purposes of this section, the following terms have the
9following meanings:

10(1) “Electronic act” has the same meaning as in paragraph (2)
11of subdivision (r) of Section 48900 of the Education Code.

12(2) “Disruption” means an act likely to interfere with peaceful
13activities of the campus or facility.

begin insert

14(c) This section does not preclude or prohibit prosecution under
15any other law.

end insert
16

SEC. 2.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.



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