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 a county jail not to exceed one year, or by imprisonment in the state prison.
This bill wouldbegin delete provide thatend deletebegin insert makeend insert a person whobegin insert willfullyend insert
threatens, by specified means, to discharge a firearm on the campus of a school, as defined, or location where a school-sponsored event is begin insertor will be end inserttaking place,begin insert end insertbegin insertwith specific intent andend insert under circumstancesbegin delete 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, isend deletebegin insert that convey a gravity of purpose and an immediate prospect of execution of the threat,end insert guilty of a misdemeanorbegin insert
or felonyend insert punishable bybegin delete a fine not exceeding $1,000, byend delete imprisonment in a county jail for a begin deleteperiod 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.end deletebegin insert specified term.end insert
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 whobegin insert end insertbegin insertwillfullyend insert threatens to discharge a
3begin delete firearmend deletebegin insert firearm, which will result in death or great bodily injury,end insert
4 on the campus of a school, or location where a school-sponsored
5event isbegin insert end insertbegin insertor will beend insert
taking place,begin delete under circumstances where the
6threat would reasonably be understood as true, and where the
7person making the threat knows or should know that the threat
8would be understood as true, is guilty of a misdemeanor punishableend delete
9begin insert
with the specific intent that the statement is to be taken as a threat,
10even if there is no intent of carrying it out, and where the threat,
11on its face and under the circumstances in which it is made, is so
12unequivocal, unconditional, immediate, and specific as to convey
13a gravity of purpose and an immediate prospect of execution of
14the threat, shall be punishedend insertbegin delete by a fine not exceeding one thousand by imprisonment in a county jail for a period not
15dollars ($1,000),end delete
16exceeding one year, or bybegin delete both that fine and imprisonment.end delete
17begin insert imprisonment pursuant to subdivision (h) of Section 1170.end insert
18(b) The fact that precautionary measures were taken by a school
19or law enforcement agency is evidence that the threat was
20reasonably understood as
true.
21(c)
end delete
P3 1begin insert(b)end insert A threat to discharge a firearm described in subdivision (a)
2includes a threat that is communicated orally, in writing, by means
3of an electronic communication device, including, but not limited
4to, a telephone, cellular telephone, computer, video recorder, fax
5machine, text message, and social media, and by any other means.
6(d)
end delete
7begin insert(c)end insert For purposes of this section, “school” means a state
8preschool, private or public elementary school, middle school,
9vocational school, junior high school, high school, community
10college, or public or private university.
11(e)
end delete
12begin insert(d)end insert This section does not preclude or prohibit prosecution under
13any other law.
14(f) A person convicted of violating this section, or adjudged a
15ward of the juvenile court pursuant to Section 602 of the Welfare
16and Institutions Code based upon a violation of this section, is
17liable to a public agency for any reasonable costs of the emergency
18response to the person’s threat by that public agency.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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