BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 456|
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                                   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  








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            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.

          Background  
           
          Recent 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. 







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               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









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          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  







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               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. S. / 
          5/13/15 16:37:51


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