BILL ANALYSIS Ó
SB 110
Page 1
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 110
(Fuller) - As Amended June 23, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill makes it an alternate felony-misdemeanor, punishable
by up to one year in county jail, or prison if the individual
has a prior qualifying felony, for any person to willfully
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threaten unlawful violence that will result in death or great
bodily injury on the grounds of a school, as defined, where the
threat creates a disruption at the school.
FISCAL EFFECT:
1)Likely minor GF costs for increased state prison commitments
for persons with a current or prior violent felony conviction
who are convicted for a felony under the provisions of this
bill. The universe of these individuals is expected to be
very small. Assuming the annual contracted bed rate of
$29,000 per inmate, the annual General Fund costs would be
$29,000 per each additional year served under such conviction.
2)Moderate nonreimbursable local costs for incarceration for
misdemeanor convictions or for felony convictions of
individuals without a current or prior violent felony.
COMMENTS:
1)Purpose. According to the author, "The threat of violence in
California schools and colleges through social media or other
electronic communication is a problem. These threats not only
instill fear and force the cancellation of classes and
building closures, but they can cost school districts
considerable funds. This includes the cost to investigate and
prosecute perpetrators, to hire additional safety personnel to
observe student activities and websites, and to purchase
surveillance equipment to monitor non-classroom areas. The
impact expands beyond the incidence, and hinders the learning
environment.
"Roughly 30% of violent threats made against schools were
delivered through social media, email, text messaging and
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other electronic means from August 2013 to January 2014. It
is believed this percentage has increased and will continue to
rise. These electronic threats include school bomb threats,
shooting threats, hoaxes, and acts of violence.
"SB 110 simply assists law enforcement and the courts by
holding those accountable who make violent threats against a
school by an electronic act, when those threats interfere with
the activities of the campus or facility.
"SB 110 is needed to address a new trend and to update our
Penal Code to reflect modern technology. SB 110 will protect
our children and hold individuals accountable who have
stricken fear and confusion into our classrooms."
2)Background. Under current law, any person who willfully
threatens to commit a crime that will result in death or great
bodily injury to another person, with the specific intent that
the statement, made verbally, in writing, or by means of an
electronic communication device, is to be taken as a threat,
even if there is no intent of actually carrying it out, 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,
shall be punished by imprisonment in the county jail not to
exceed one year, or by imprisonment in the state prison.
This bill provides that any person who, by any means,
including, but not limited to, by means of an electronic act,
willfully threatens unlawful violence to occur upon the
grounds of a school, as defined, with the specific intent that
the statement be taken as a threat, even if there is no intent
of carrying it out, and where the threat, on its face and
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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, is guilty of a misdemeanor or a county-jail
eligible felony, or a state prison incarceration if the
individual has a current or prior violent felony conviction.
3)Argument in Support: According to the Kern County Office of
the District Attorney, "Over the last year, the Juvenile
Division of the Kern County District Attorney's Office
reviewed several instances of electronically transmitted
threats. Many of these threats were communication from
suspects directly to victims via text messages or Facebook.
These types of threats could typically be addressed utilizing
the provisions of the Penal Code section 422. However, our
office has also reviewed a new category of electronic threats
that are communicated from suspects to a broad audience via
social media. These communications typically threaten mass
school violence. Unfortunately, there is currently no statute
on the books that specifically addresses this type of
behavior. We believe that as technology evolves, it is
important for the law enforcement community to evolve along
with it, in order to ensure that every reasonable effort is
expended to safeguard our communities."
4)Argument in Opposition: According to the Pacific Juvenile
Defender Center, "Instead of arresting them and placing them
in the juvenile justice system, we can better serve youth by
investing in alternative programs that hold them accountable
and also have been shown to increase school safety. "
5)Related Legislation: SB 456 (Block), also on today's agenda,
enacts a new alternate felony-misdemeanor for a threat to
discharge a firearm on the grounds of a school or when a
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school event is taking place, punishable by up to one year in
county jail, or prison if the individual has a prior
qualifying felony.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081