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 would make a person who willfully threatens, by specified means, to discharge a firearm on the campus of a school, as defined, or location where a school-sponsored event is or will be takingbegin delete place,end deletebegin insert
place and the end insertbegin insertthreat is related both to the school-sponsored event and to the time period in which the school-sponsored event will be taking place,end insert with specific intent and under circumstances that convey a gravity of purpose and an immediate prospect of execution of the threat, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term.
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 willfully threatens to discharge a
3firearm, which will result in death or great bodilybegin delete injury,end deletebegin insert injury to
4another person, end insert on the campus of a school, or location where a
5school-sponsored event is or will be takingbegin delete place,end deletebegin insert place and the
6threat is related both to the school-sponsored event and to the time
7period in which the school-sponsored event will be taking place, end insert
8
with the specific intent that the statement is to be taken as a threat,
9even if there is no intent of carrying it out, and where the threat,
10on its face and under the circumstances in which it is made, is so
11unequivocal, unconditional, immediate, and specific as to convey
12a gravity of purpose and an immediate prospect of execution of
13the threat, shall be punished by imprisonment in a county jail for
14a period not exceeding one year, or by imprisonment pursuant to
15subdivision (h) of Section 1170.
16(b) 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(c) For purposes of this section, “school” means a state
22preschool, private or public elementary school, middle school,
23vocational school, junior high school, high school, community
24college, or public or private university.
P3 1(d) This section does not preclude or prohibit prosecution under
2any otherbegin delete law.end deletebegin insert law, except that a person shall not be convicted for
3the same threat under both this section and Section 422.end insert
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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