Amended in Assembly August 17, 2015

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. 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.

This bill would make a person who, by any means, including, but not limited to, by means of an electronic act, willfully threatens unlawful violence begin insert to another person end insert to occur upon the grounds of a school, as defined, with specific intent and under certain circumstances, and that threat creates a disruption at the school, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term. 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) A person who, by any means, including, but not
limited to, by means of an electronic act, willfully threatens
unlawful violence begin insert to another person end insert that will result in death or
great bodily injury to occur upon the grounds of a 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, begin delete uncondi tional, end delete begin insert unconditional, end insert immediate, and specific
as to convey a gravity of purpose and an immediate prospect of
execution of the threat, and that threat creates a disruption at the
school, shall be punished by imprisonment in a county jail for a
term not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.

(b) This section does not preclude or prohibit prosecution under
any other begin delete law. end delete begin insert law, except that a person shall not be convicted for
the same threat under both this section and Section 422. end insert

(c) 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 preschool, a private or public
elementary, middle, vocational, junior high, or high school, a
community college, a public or private university, or a location
where a school-sponsored event is or will be taking begin delete place. end delete begin insert place
and the threat is related to both the school-sponsored event and
to the time period during which the school-sponsored event will
occur. 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.