BILL ANALYSIS Ó SB 456 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 456 (Block) - As Amended June 19, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 456 Page 2 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 SB 456 Page 3 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 - SB 456 Page 4 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 SB 456 Page 5