Amended in Senate April 23, 2015

Amended in Senate February 18, 2015

Senate Bill No. 110

Introduced by Senator Fuller

(Principal coauthor: Assembly Member Waldron)

(Coauthors: Senators Anderson, Huff, Stone, and Vidak)

(Coauthors: Assembly Members Chávez, Chu, Dahle, Gallagher, Grove, Jones, Lackey, Maienschein, Mathis, and Olsen)

January 9, 2015

An act to add Section begin delete 626.3 end delete begin insert 422.2 end insert 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 begin delete also provide that end delete begin insert make end insert a person who, by any means, including, but not limited to, by means of an electronic act, threatens unlawful violence to occur upon the grounds of a school begin insert under certain circumstances end insert and that threat creates a disruption at the school, begin delete shall be punished end delete begin insert end insert begin insert guilty of a misdemeanor, punishable end insert by imprisonment in a county jail for a term not exceeding one begin delete year. end delete begin insert year, by a fine of $1,000, or by both that imprisonment and that fine. The bill would also make a person convicted of violating this provision, or adjudged a ward of the juvenile court based upon a violation of this provisions, liable to a public agency for any reasonable costs of that public agency’s emergency response to the person’s threat. end insert 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:

SECTION 1.  

Section begin delete 626.3 end delete begin insert 422.2 end insert is added to the Penal Code,
to read:

begin delete 626.3. end delete
begin insert 422.2. end insert   

(a)  begin delete Each end delete begin insert Any end insert person who, by any means, including, but
not limited to, by means of an electronic act, threatens unlawful
violence to occur upon the grounds of a school begin insert under circumstances
where the threat would reasonably be understood as true and the
person making the threat knows or should know that the threat
would be understood as true, end insert and that threat creates a disruption
at the school, begin delete shall be punished end delete begin insert is guilty of a misdemeanor,
punishable end insert by imprisonment in a county jail for a term not
exceeding one begin delete year. end delete begin insert year, a fine of one thousand dollars ($1,000),
or by both that imprisonment and fine. end insert

begin insert

(b) 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 that public
agency’s emergency response to the person’s threat.

end insert begin insert

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

end insert begin delete

(b)

end delete

begin insert (d) end insert  For purposes of this section, the following terms have the
following meanings:

begin delete

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

end delete begin delete

(2)

end delete

begin insert (1) end insert  “Disruption” means begin delete an act likely to interfere end delete begin insert interference end insert
with peaceful activities of the campus or facility.

begin delete

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

end delete begin insert

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

end insert begin insert

(3) “School” means a state preschool or a private or public
elementary, middle, vocational, junior high, or high school.

end insert

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.