BILL NUMBER: SB 110	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2015
	AMENDED IN SENATE  FEBRUARY 18, 2015

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  626.3   422.2  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   make
 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  under certain circumstances  and
that threat creates a disruption at the school,  shall be
punished    guilty of a misdemeanor, punishable
 by imprisonment in a county jail for a term not exceeding one
 year.   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.  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  626.3   422.2  is
added to the Penal Code, to read:
    626.3.   422.2.   (a)  Each
  Any  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  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, and that threat
creates a disruption at the school,  shall be punished
  is guilty of a misdemeanor, punishable  by
imprisonment in a county jail for a term not exceeding one 
year.   year, a fine of one thousand dollars ($1,000),
or by both that imprisonment and fine.  
   (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.  
   (c) This section does not preclude or prohibit prosecution under
any other law.  
   (b) 
    (d)  For purposes of this section, the following terms
have the following meanings: 
   (1) "Electronic act" has the same meaning as in paragraph (2) of
subdivision (r) of Section 48900 of the Education Code. 

   (2) 
    (1)  "Disruption" means  an act likely to
interfere   interference  with peaceful activities
of the campus or facility. 
   (c) This section does not preclude or prohibit prosecution under
any other law.  
   (2) "Electronic act" has the same meaning as in paragraph (2) of
subdivision (r) of Section 48900 of the Education Code.  
   (3) "School" means a state preschool or a private or public
elementary, middle, vocational, junior high, or high school. 
  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.