BILL ANALYSIS Ó
SB 456
Page 1
SENATE THIRD READING
SB
456 (Block)
As Amended July 16, 2015
Majority vote
SENATE VOTE: 36-0
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|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 | |
| | | | |
| | | | |
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SUMMARY: Provides that any person who threatens to discharge a
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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 to another
person 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)States that a threat to discharge a firearm at a location
where a school-sponsored event is or will be taking place must
be both related to the school-sponsored event and to the time
period in which the school-sponsored event will be taking
place.
3)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.
4)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.
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5)Specifies that the provisions of this bill do not preclude or
prohibit prosecution under any other law, except that a person
shall not be convicted for the same threat under both the
provisions created by this bill and the existing Penal Code
section related to criminal threats.
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
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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
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
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schools."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001262