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 inbegin delete theend deletebegin insert aend insert county jail not to exceed one year, or by imprisonment in the state prison.
This bill would provide that a person who threatens, by specified means, to discharge a firearm on the campus of a school, as defined, or location where a school-sponsored event is taking place, 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, 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 state that precautionary measures taken by a school or law enforcement agency is evidence that the threat was reasonably understood as true. The bill would also make a person convicted of committing this conduct 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 422.3 is added to the Penal Code, to read:
(a) A person who threatens to discharge a firearm on
3the campus of a school, or location where a school-sponsored event
4is taking place, under circumstances where the threat would
5reasonably be understood as true, and where the person making
6the threat knows or should know that the threat would be
7understood as true, is guilty of a misdemeanor punishable by a
8fine not exceeding one thousand dollars ($1,000), by imprisonment
9in a county jail for a period not exceeding one year, or by both that
10fine and imprisonment.
11(b) The fact that precautionary measures were taken by a school
12or law enforcement agency is evidence that the threat was
13reasonably understood as
true.
14(c) A threat to discharge a firearm described in subdivision (a)
15includes a threat that is communicated orally, in writing, by means
16of an electronic communication device, including, but not limited
17to, a telephone, cellular telephone, computer, video recorder, fax
18machine, text message, and social media, and by any other means.
19(d) For purposes of this section, “school” means a state
20preschool, private or public elementary school, middle school,
21vocational school, junior high school,begin delete orend delete highbegin delete school.end deletebegin insert school,
22community college, or public or private university.end insert
23(e) This section does not preclude or prohibit prosecution under
24any other law.
25(f) A person convicted of violating this section, or adjudged a
26ward of the juvenile court pursuant to Section 602 of the Welfare
P3 1and Institutions Code based upon a violation of this section, is
2liable to a public agency for any reasonable costs of the emergency
3response to the person’s threat by that public agency.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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