Amended in Senate April 23, 2015

Senate BillNo. 456


Introduced by Senator Block

February 25, 2015


An act to add Sectionbegin delete 422.2end deletebegin insert 422.3end insert to the Penal Code, relating to criminal threats.

LEGISLATIVE COUNSEL’S DIGEST

SB 456, as amended, 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 whobegin delete maliciously threatensend deletebegin insert threatens, by specified means,end insert to discharge a firearm on the campus of abegin delete public or private university, community college, schoolend deletebegin insert school, as definedend insert, or location where a school-sponsored event is taking place,begin delete 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,end deletebegin insert under circumstances where the threat would reasonably be understood as true, and where the person making the threat knows or should know that the threat would be understood as true,end insert 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.begin insert The bill would state that precautionary measures taken by a school or law enforcement agency is evidence that the threat was reasonably understood as true.end insert The bill would also make a person convicted of committing thisbegin delete conduct, based on a report that resulted in an emergency response,end deletebegin insert conductend insert 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:

begin delete
P2    1

SECTION 1.  

Section 422.2 is added to the Penal Code, to read:

2

422.2.  

(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
P3    1agency for the reasonable costs of the emergency response by that
2public agency.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 422.3 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
4

begin insert422.3.end insert  

(a) A person who threatens to discharge a firearm on
5the campus of a school, or location where a school-sponsored
6event is taking place, under circumstances where the threat would
7reasonably be understood as true, and where the person making
8the threat knows or should know that the threat would be
9understood as true, is guilty of a misdemeanor punishable by a
10fine not exceeding one thousand dollars ($1,000), by imprisonment
11in a county jail for a period not exceeding one year, or by both
12that fine and imprisonment.

13(b) The fact that precautionary measures were taken by a school
14or law enforcement agency is evidence that the threat was
15reasonably understood as true.

16(c) A threat to discharge a firearm described in subdivision (a)
17includes a threat that is communicated orally, in writing, by means
18of an electronic communication device, including, but not limited
19to, a telephone, cellular telephone, computer, video recorder, fax
20machine, text message, and social media, and by any other means.

21(d) For purposes of this section, “school” means a state
22preschool, private or public elementary school, middle school,
23vocational school, junior high school, or high school.

24(e) This section does not preclude or prohibit prosecution under
25any other law.

26(f) A person convicted of violating this section, or adjudged a
27ward of the juvenile court pursuant to Section 602 of the Welfare
28and Institutions Code based upon a violation of this section, is
29liable to a public agency for any reasonable costs of the emergency
30response to the person’s threat by that public agency.

end insert
31

SEC. 2.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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