BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 456| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 456 Author: Block (D) Amended: 4/23/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Criminal threats: discharge of a firearm SOURCE: San Diego District Attorney Bonnie M. Dumanis DIGEST: This bill enacts a new misdemeanor prohibiting persons from threatening to discharge a firearm at a school, as specified. ANALYSIS: Existing law provides that willfully threatening to commit a crime that results in death or great bodily injury shall be punishable by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. (Penal Code § 422) This bill: 1)Enacts a new crime to provide that a person who threatens to discharge a firearm on the campus of a school or at a school sponsored event in which the threat would be reasonably SB 456 Page 2 understood as true is guilty of a misdemeanor. 2)Provides that "a threat to discharge a firearm, [as specified], includes a threat that is communicated orally, in writing, by means of an electronic communication device, including, but not limited to, a telephone, cellular telephone, computer, video recorder, fax machine, text message, and social media, and by any other means." 3)Provides that precautionary measures taken by a school or law enforcement agency is evidence that the threat was reasonably understood as true. 4)Defines "school" to mean a state preschool, private or public elementary school, middle school, vocational school, junior high school, or high school. 5)Provides that a person convicted of violating this section, or adjudged a ward of the juvenile court is liable to a public agency for the reasonable costs of the emergency response by any public agency. 6)Does not preclude punishing a person for conduct under any other law. BackgroundRecent media reports have described numerous incidents involving school threats. For example, in San Diego: ?there were 5 percent more suspensions and expulsions in San Diego County related to making terrorist threats in the 2013-14 school year than in the previous school year, and 35 percent more than in the 2011-12 school year. Threats typically surface on social media or are made via phone or email. Once school officials learn of it, police are called in to investigate, and a school might get locked down, with everyone on campus kept behind locked doors until the coast is clear. That could take hours. Students from high school campuses in Oceanside, San Diego, El Cajon and San Marcos, have been arrested on suspicion of using the app to threaten schools. SB 456 Page 3 The CEO, Jonathan Lucas, said recent changes to the app make it "very clear" that threats of violence and bullying won't be tolerated. He said users are asked to carefully consider the contents of their posts and are even shown their IP addresses. He said the company has been cooperating with all law enforcement investigations and has a quick process in place to help investigators locate users who commit crimes. (Winkley, Lyndsay, and Pat Maio. "Online Schools Threats Up; Officials Crack down." U-T San Diego. N.p., 22 Mar. 2015. Web. 07 Apr. 2015.) Similarly, in Los Angeles, an 11th grade student was arrested for making threats through the social media app, Burnbook, against a Los Angeles County high school. Investigators were informed that the student had published the threat online and was taken into custody the following day. He was charged with making criminal threats after he confessed to threatening to bring a weapon to school. The student told deputies that he was making jokes. ("Student Arrested after Social Media Threats against School." Student Arrested following Threats on Social Media against Los Angeles County School. The Associated Press, 12 Mar. 2015. Web. 07 Apr. 2015.) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified 5/11/15) San Diego District Attorney Bonnie M. Dumanis (source) Association for Los Angeles Deputy Sheriffs California Chapters of the Brady Campaign to Prevent Gun Violence California District Attorneys Association California State Sheriffs' Association Los Angeles Association of Deputy District Attorneys Los Angeles Police Protective League Peace Officers Research Association of California Riverside Sheriffs Association SB 456 Page 4 OPPOSITION: (Verified 5/11/15) Legal Services for Prisoners with Children ARGUMENTS IN SUPPORT: The author writes: SB 456 criminalizes the making of a threat to commit a school shooting, whether directed to a specific individual, or whether posted on social media for an invited or general viewing population. A recent study of threats from August-December of 2014 by the President of National School Safety and Security Services shows some alarming trends. The number of threats in that time period was up 158% from last year, with 37% of those threats sent electronically via social media, e-mail, text messaging and other online resources. Nearly 30% of the threats analyzed resulted in a school evacuation, and 10% resulted in school closures for at least a portion of the day. In the San Diego Unified School District, alone, there have been 138 reported threats in the past year. There are significant costs associated with threats that target schools-both in the initial response required to insure that the community is safe by shutting down the targeted schools, but also in the subsequent investigation that may require substantial time, resources, and opportunity costs. SB 456 applies specifically to school-shooting threats, and does not require proof of a specifically targeted individual, or a demonstration of sustained fear by any one particular person, thus filling the gap left by statutes that proscribe bomb threats and criminal threats, SB 456 holds offenders accountable, deters future conduct, and shifts the burden of costs SB 456 Page 5 by authorizing the court to order restitution. ARGUMENTS IN OPPOSITION: Legal Services for Prisoners with Children argues generally that minors should be disciplined through community-based services as an alternative to incarceration. Youth exposure to the criminal justice system heightens the likelihood that youth offenders will recidivate in adulthood, further aggravating prison overcrowding. Additionally, there is concern surrounding the ability to pay financial penalties that would disproportionately affect lower income children and families. Prepared by:Linda Tenerowicz / PUB. 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