BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                        VETO 


          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

           SENATE FLOOR:  40-0, 8/27/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk

           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










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          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.


          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.








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          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].
          
          Background  
           
          Recent 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  








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               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:   (Verified10/27/15)










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          San Diego County District Attorney Bonnie M. Dumanis (source)
          Association for Los Angeles Deputy Sheriffs
          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:   (Verified 10/27/15)


          Legal Services for Prisoners with Children 
          Youth Law Center 


          GOVERNOR'S VETO MESSAGE:


               I am returning Senate Bill 456 without my signature.

               No one could be anything but intolerant of threats to cause  
               great bodily injury, especially on school grounds.  
               Certainly not legislators, who voted nearly unanimously for  
               this bill.

               While I'm sympathetic and utterly committed to ensuring  
               maximum safety for California's school children, the  
               offensive conduct covered by this bill is already illegal.

               In recent decades, California has created an unprecedented  
               number of new and detailed criminal laws. Before we keep  
               enacting more, I think we should pause and reflect on the  
               fact that our bulging criminal code now contains in excess  
               of 5,000 separate provisions, covering almost every  
               conceivable form of human misbehavior.


          ASSEMBLY FLOOR:  79-0, 8/20/15








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          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. / 
          11/4/15 13:34:20


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