BILL NUMBER: SB 110	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  AUGUST 20, 2015
	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN ASSEMBLY  JUNE 23, 2015
	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 422.2 to the Penal Code, relating to
threats.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, 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 to another person 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.


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 to another person 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,
unconditional, 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 law, except that a person shall not be convicted for the
same threat under both this section and Section 422.
   (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 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.
  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.