BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 456| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 456 Author: Block (D) Amended: 7/16/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 36-0, 5/18/15 AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill, Hall, Pavley ASSEMBLY FLOOR: 79-0, 8/20/15 - See last page for vote SUBJECT: Criminal threats: discharge of a firearm SOURCE: San Diego County District Attorney Bonnie M. Dumanis DIGEST: This bill enacts a new misdemeanor prohibiting persons from threatening to discharge a firearm at a school or at a location where a school-sponsored event is or will be taking place, as specified. SB 456 Page 2 Assembly Amendments specify that no person shall be convicted for the same threat under both Sections 422 and 422.3 of the Penal Code and that a threat made at a school-sponsored event must be related to both the school-sponsored event and to the time period in which the school-sponsored event will occur. ANALYSIS: Existing law provides 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." (Penal Code § 422). This bill: 1)Provides that a person who willfully 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 and the threat is related both to the school-sponsored event and to the time period in which the school-sponsored event 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, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment, as specified. SB 456 Page 3 2)Provides that a threat to discharge a firearm [as specified] 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" to mean 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)Does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section, [422.3] and Section 422 [of the Penal Code]. BackgroundRecent media reports have described numerous incidents involving school threats. For example, in San Diego: ?[T]here were 5 percent more suspensions and expulsions in San Diego County related to making terrorist threats in the 2013-14 school year than in the previous school year, and 35 percent more than in the 2011-12 school year. Threats typically surface on social media or are made via phone or email. Once school officials learn of it, police are called in to investigate, and a school might get locked down, with everyone on campus kept behind locked doors until the coast is clear. That could take hours. Students from high school campuses in Oceanside, San Diego, El Cajon and San Marcos, have been arrested on suspicion of using the app to threaten schools. The CEO, Jonathan Lucas, said recent changes to the SB 456 Page 4 app make it "very clear" that threats of violence and bullying won't be tolerated. He said users are asked to carefully consider the contents of their posts and are even shown their IP addresses. He said the company has been cooperating with all law enforcement investigations and has a quick process in place to help investigators locate users who commit crimes. (Winkley, Lyndsay, and Pat Maio. "Online Schools Threats Up; Officials Crack down." U-T San Diego. N.p., 22 Mar. 2015. Web. 07 Apr. 2015.) Similarly, in Los Angeles, an 11th grade student was arrested for making threats through the social media app, Burnbook, against a Los Angeles County high school. Investigators were informed that the student had published the threat online and was taken into custody the following day. He was charged with making criminal threats after he confessed to threatening to bring a weapon to school. The student told deputies that he was making jokes. ("Student Arrested after Social Media Threats against School." Student Arrested following Threats on Social Media against Los Angeles County School. The Associated Press, 12 Mar. 2015. Web. 07 Apr. 2015.) This bill has been narrowed through the process to address 1st Amendment concerns. Constitutional principles required to impose crime penalties for a threat, are that it must be with "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."FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified8/20/15) San Diego District Attorney Bonnie M. Dumanis (source) Association for Los Angeles Deputy Sheriffs SB 456 Page 5 California Chapters of the Brady Campaign to Prevent Gun Violence California District Attorneys Association California State Sheriffs' Association Los Angeles Association of Deputy District Attorneys Los Angeles Police Protective League Peace Officers Research Association of California Riverside Sheriffs' Association OPPOSITION: (Verified8/20/15) Legal Services for Prisoners with Children Youth Law Center ARGUMENTS IN SUPPORT: The author writes: 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. A recent study of threats from August-December of 2014 by the President of National School Safety and Security Services shows some alarming trends. The number of threats in that time period was up 158% from last year, with 37% of those threats sent electronically via social media, e-mail, text messaging and other online resources. Nearly 30% of the threats analyzed resulted in a school evacuation, and 10% resulted in school closures for at least a portion of the day. In the San Diego Unified School District, alone, there have been 138 reported threats in the past year. There are significant costs associated with threats that target schools-both in the initial response required to insure that the community is safe by shutting down the targeted schools, but also in the SB 456 Page 6 subsequent investigation that may require substantial time, resources, and opportunity costs. SB 456 applies specifically to school-shooting threats, and does not require proof of a specifically targeted individual, or a demonstration of sustained fear by any one particular person, thus filling the gap left by statutes that proscribe bomb threats and criminal threats, SB 456 holds offenders accountable, deters future conduct, and shifts the burden of costs by authorizing the court to order restitution. ARGUMENTS IN OPPOSITION: Opponents generally argue that minors should be disciplined through community-based services as an alternative to incarceration. Youth exposure to the criminal justice system heightens the likelihood that youth offenders will recidivate in adulthood, further aggravating prison overcrowding. Additionally, Penal Code Section 422 addresses criminal threats including those made through electronic means. ASSEMBLY FLOOR: 79-0, 8/20/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chu Prepared by:Linda Tenerowicz / PUB. S. / 8/21/15 13:19:10 SB 456 Page 7 **** END ****