BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 456  


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          Date of Hearing:  July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 456  
          (Block) - As Amended June 19, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill enacts a new alternate felony-misdemeanor crime for a  
          threat to discharge a firearm on the grounds of a school or when  
          a school event is taking place, punishable by up to one year in  








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          county jail, or prison if the individual has a prior qualifying  
          felony.  


          FISCAL EFFECT:


          1)Likely minor GF costs for increased state prison commitments  
            for persons with a current or prior violent felony conviction  
            who are convicted for a felony under the provisions of this  
            bill.  The universe of these individuals is expected to be  
            very small. Assuming the annual contracted bed rate of $29,000  
            per inmate, the annual General Fund costs would be $29,000 per  
            each additional year served under such conviction.


          2)Moderate nonreimbursable local costs for incarceration for  
            misdemeanor convictions, or felony convictions of individuals  
            without a current or prior violent felony.  


          COMMENTS:


          1)Purpose.  According to the author, "Senate Bill 456 addresses  
            oral, written, or electronically delivered threats of gun  
            violence on school property - including elementary schools,  
            community colleges, public and private universities, and  
            locations where school functions are taking place.  Threats of  
            gun violence are costly to schools and law enforcement, and  
            result in lost learning time for our students.  These threats  
            also create anxiety and fear for students, school staff, and  
            parents.  SB 456 will provide an important tool for law  
            enforcement to deter future threats of gun violence in our  
            schools."


          2)Background.  Under current law, any person who willfully  
            threatens to commit a crime which will result in death or  








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            great bodily injury to another person, with the specific  
            intent that the statement, made verbally, in writing, or by  
            means of an electronic communication device, is to be taken as  
            a threat, even if there is no intent of actually carrying it  
            out, which, on its face and under the circumstances in which  
            it is made, is so unequivocal, unconditional, immediate, and  
            specific as to convey to the person threatened, a gravity of  
            purpose and an immediate prospect of execution of the threat,  
            and thereby causes that person reasonably to be in sustained  
            fear for his or her own safety or for his or her immediate  
            family's safety, shall be punished by imprisonment in the  
            county jail not to exceed one year, or by imprisonment in the  
            state prison.  


            This bill creates the specific crime of criminal threats when  
            the threat is to discharge a firearm on the campus of a school  
            or where a school-sponsored event is taking place. This bill  
            incorporates all of the elements from the general criminal  
            threats statute with the exception of the requirement that the  
            person threatened must be in sustained fear for his or her own  
            safety.  The sponsor of this bill has expressed that this  
            element does not fit well into instances of threats of  
            shootings at schools because often times these threats do not  
            specify who the target is.  Rather, the threat typically  
            applies to all students or staff at the school.


          3)Argument in Support:  According to the San Diego County  
            District Attorney's Office, "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.


          4)Argument in Opposition:  According to Public Counsel, "SB 456  
            is unnecessary and ultimately will not help the safety or  
            long-term well-being of our students or our state.  Students  
            who make these threats aimed at a school or other youth -  








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            whether by electronic means or otherwise - can be subjected to  
            discipline, including suspension or expulsion."  


            "Criminalizing students in addition to punishing them at  
            school will cause significant and long-lasting harms to our  
            young people and hurt their ability to develop into productive  
            adults.  Research shows being stopped or arrested actually  
            increases the chances that a youth will engage in delinquency.  
             Further, a first-time arrest doubles the chances that a  
            student will drop out of high school, and a first-time court  
            appearance quadruples those chances.  Studies have also shown  
            that involvement with the juvenile justice system can limit a  
            young person's ability to obtain future employment or attend  
            college."

          5)Related Legislation: SB 110 (Fuller), also on  today's agenda,  
            makes it an alternate felony-misdemeanor offense for any  
            person to willfully threaten unlawful violence that will  
            result in death or great bodily injury to occur on the grounds  
            of a school, as defined, where the threat creates a disruption  
            at the school.




          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081



















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