SB 456, as introduced, Block. Criminal threats: discharge of a firearm.
Existing law requires a 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 is to be taken as a threat, even if there is no intent of actually carrying it out, and thereby causes that other person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, to be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
This bill would provide that a person who maliciously threatens to discharge a firearm on the campus of a public or private university, community college, school, or location where a school-sponsored event is taking place, and who maliciously causes the report of that threat to be made, orally, in writing, or by means of an electronic communication device, to law enforcement, is guilty of a misdemeanor punishable by a fine not exceeding $1,000, by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. The bill would also make a person convicted of committing this conduct, based on a report that resulted in an emergency response, liable to the public agency for the reasonable costs of the emergency response by that public agency.
By creating a 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 422.2 is added to the Penal Code, to read:
(a) A person who maliciously threatens to discharge a
3firearm on the campus of a public or private university, community
4college, school, or location where a school-sponsored event is
5taking place in the state, and who maliciously causes the report of
6that threat to be made to law enforcement, is guilty of a
7misdemeanor punishable by a fine not exceeding one thousand
8dollars ($1,000), by imprisonment in a county jail for a period not
9exceeding one year, or by both that fine and imprisonment.
10(b) A threat to discharge a firearm described in subdivision (a)
11includes a threat that is communicated orally, in writing, by means
12of an electronic communication device, including, but not limited
13to, a telephone, cellular telephone, computer, video
recorder, fax
14machine, text message, on social media, or by any other means.
15(c) “School” as used in this section means a preschool,
16elementary school, middle school, junior high school, high school,
17or charter school.
18(d) This section does not preclude punishing a person for
19conduct described in subdivision (a) under any other law providing
20for greater punishment.
21(e) A person convicted of violating this section, based upon a
22report that resulted in an emergency response, is liable to the public
23agency for the reasonable costs of the emergency response by that
24public agency.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
P3 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
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