Amended in Assembly June 23, 2015

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 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. begin insert Under existing law, this crime is punishable by imprisonment in a county jail for no more than one year for a misdemeanor, or by imprisonment in state prison for a felony. end insert

This bill would make a person who, by any means, including, but not limited to, by means of an electronic act, begin insert willfully end insert threatens unlawful violence to occur upon the grounds of a begin delete school end delete begin insert school, as defined, with specific intent and end insert under certain begin delete circumstances end delete begin insert circumstances, end insert and that threat creates a disruption at the school, guilty of a begin delete misdemeanor, end delete begin insert misdemeanor or felony end insert punishable by imprisonment in a county jail for a begin delete term not exceeding one 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 delete begin insert specified term. 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 422.2 is added to the Penal Code, to read:

422.2.  

(a)  begin delete Any end delete begin insert A end insert person who, by any means, including, but
not limited to, by means of an electronic act, begin insert willfully end insert threatens
unlawful violence begin insert that will result in death or great bodily injury end insert
to occur upon the grounds of a begin delete 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, end delete begin insert school, with the specific intent that the
statement is to be taken as a threat, even if there is no intent of
carrying it out, and where the threat, on its face and under the
circumstances in which it is made, is so unequivocal, uncondi
tional, immediate, and specific as to convey a gravity of purpose
and an immediate prospect of execution of the threat, end insert and that
threat creates a disruption at the school, begin delete is guilty of a misdemeanor,
punishable end delete begin insert shall be punished end insert by imprisonment in a county jail for
a term not exceeding one year, begin delete a fine of one thousand dollars
($1,000), end delete or by begin delete both that end delete imprisonment begin delete and fine. end delete begin insert pursuant to
subdivision (h) of Section 1170. end insert

begin delete

(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)

end delete

begin insert (b) end insert  This section does not preclude or prohibit prosecution under
any other law.

begin delete

(d)

end delete

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

(1) “Disruption” means interference with peaceful activities of
the campus or facility.

(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 begin delete preschool or end delete begin insert preschool, end insert a private or
public elementary, middle, vocational, junior high, or high begin delete school. end delete
begin insert school, a community college, a public or private university, or a
location where a school-sponsored event is or will be taking place. 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.