BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 456


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          SENATE THIRD READING


          SB  
          456 (Block)


          As Amended  June 19, 2015


          Majority vote


          SENATE VOTE:  36-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Quirk, Melendez,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer, Lackey, |                    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Eggman, Gallagher,    |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |








                                                                     SB 456


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          SUMMARY:  Provides that any person who threatens to discharge a  
          firearm on the campus of a school, as defined, or location where  
          a school-sponsored event is or will be taking place, is guilty  
          of an alternate felony-misdemeanor.  Specifically, this bill:  


          1)States that any person who threatens to discharge a firearm  
            which will result in death or great bodily injury on the  
            campus of a school, or location where a school-sponsored event  
            is or will be taking place, with the specific intent that the  
            statement is to be taken as a threat, even if there is no  
            intent of carrying it out, and where the threat, on its face  
            and under the circumstances in which it is made, is so  
            unequivocal, unconditional, immediate and specific as to  
            convey a gravity of purpose and an immediate prospect of  
            execution of the threat, is guilty of a misdemeanor or a  
            county-jail eligible felony.


          2)Provides that a threat to discharge a firearm 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)Defines "school" as a state preschool, private or public  
            elementary school, middle school, vocational school, junior  
            high school, high school, community college, or public or  
            private university.


          4)Specifies that the provisions of this bill do not preclude or  
            prohibit prosecution under any other law.








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          EXISTING LAW:  


          1)States that any person who willfully threatens to commit a  
            crime which will result in death or 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.  


          2)States that any person who knowingly and willingly threatens  
            the life of, or threatens serious bodily harm to, any elected  
            public official, as specified, or the staff or immediate  
            family of any of the specified elected public officials, with  
            the specific intent that the statement is to be taken as a  
            threat, and the apparent ability to carry out that threat by  
            any means, is guilty of a public offense, punishable as either  
            a misdemeanor or felony, as specified. 


          3)Provides that any person who knowingly threatens to use a  
            weapon of mass destruction with the specific intent that the  
            statement as defined or a statement made 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, immediate, and specific as to convey to the  
            person threatened, a gravity of purpose and an immediate  








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            prospect of execution of the threat, and thereby causes that  
            person reasonably to be in sustained fear for his or her own  
            safety shall be punished by either a misdemeanor or felony, as  
            specified.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Likely minor General Fund 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:  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."












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          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0001219