BILL ANALYSIS Ó SB 456 Page 1 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 Page 2 | | | | | ------------------------------------------------------------------ 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. SB 456 Page 3 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 SB 456 Page 4 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." SB 456 Page 5 Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0001219