BILL NUMBER: SB 1859 CHAPTERED 08/23/00 CHAPTER 233 FILED WITH SECRETARY OF STATE AUGUST 23, 2000 APPROVED BY GOVERNOR AUGUST 22, 2000 PASSED THE SENATE AUGUST 10, 2000 PASSED THE ASSEMBLY JULY 6, 2000 AMENDED IN ASSEMBLY JUNE 29, 2000 AMENDED IN ASSEMBLY JUNE 7, 2000 INTRODUCED BY Senator Chesbro FEBRUARY 24, 2000 An act to amend Section 76 of the Penal Code, relating to public officials. LEGISLATIVE COUNSEL'S DIGEST SB 1859, Chesbro. Public officials. Under existing law, every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff or immediate family of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, 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. Existing law requires any law enforcement agency that has knowledge of a violation of this provision to immediately report that information to the California Department of Justice. In addition to this reporting requirement, if a violation of this provision occurs that involves a constitutional officer of the state, a Member of the Legislature, or a member of the judiciary, existing law requires the law enforcement agency that has knowledge of the violation to immediately report that information to the Department of the California Highway Patrol. This bill would delete the requirement that any law enforcement agency that has knowledge of a violation of the above provision immediately report that information to the California Department of Justice. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 76 of the Penal Code is amended to read: 76. (a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff or immediate family of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, 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 follows: (1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both that fine and imprisonment. (2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading, and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment in the state prison. (b) Any law enforcement agency that has knowledge of a violation of this section involving a constitutional officer of the state, a Member of the Legislature, or a member of the judiciary shall immediately report that information to the Department of the California Highway Patrol. (c) For purposes of this section, the following definitions shall apply: (1) "Apparent ability to carry out that threat" includes the ability to fulfill the threat at some future date when the person making the threat is an incarcerated prisoner with a stated release date. (2) "Serious bodily harm" includes serious physical injury or serious traumatic condition. (3) "Immediate family" means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months. (4) "Staff of a judge" means court officers and employees, including commissioners, referees, and retired judges sitting on assignment. (5) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. (d) As for threats against staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section. (e) A threat must relate directly to the official duties of a Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.