BILL NUMBER: SB 821 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 8, 2016
INTRODUCED BY Senator Block
JANUARY 5, 2016
An act to amend Section 422 of the Penal Code, relating to
criminal threats.
LEGISLATIVE COUNSEL'S DIGEST
SB 821, as amended, Block. Crimes: criminal threats.
Existing law requires that a person who willfully threatens to
commit a crime which that 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, be punished by imprisonment in
the a county jail not to exceed one year, or by
imprisonment in the state prison.
This bill would instead require that any person who willfully
threatens to commit a crime against another person or at a location
or event which that 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, be punished by
imprisonment in the a county jail not
to exceed one year, or by imprisonment in the state prison. The bill
would provide that a person threatens to comm it a
crime against another person if, on its face and under the
circumstances in which a threat is made, the threat 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. The bill would also provide
that a person threatens to commit a crime at a location or event,
whether a public or private location event, if the threat is
made under circumstances where the person making the threat knew or
should have known that the threat would elicit precautionary
measures. if, on its face and under the
circumstances in which a threat is made, the threat is so
unequivocal, unconditional, immediate, and specific as to convey to a
person perceiving the threat a gravity of purpose and an immediate
prospect of execution of the threat, and thereby causes the
evacuation, lockdown, or closure of a campus, or the cancellation,
evacuation, lockdown, or closure of an event. By expanding the
scope of a crime, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 422 of the Penal Code is amended to read:
422. (a) (1) Any person who willfully threatens to commit a crime
against another person or at a location or event which
that 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, shall be punished by imprisonment in
the a county jail not to exceed one
year, or by imprisonment in the state prison.
(2) For purposes of this section, a person threatens to
commit a crime against another person if, on its face and under
the circumstances in which a threat is made, the threat 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.
(3) For purposes of this section, a person threatens to commit a
crime at a location or event, whether a public or private location or
event, if the threat is made under circumstances where the
person making the threat knew or should have known that the threat
would elicit precautionary measures. if, on
its face and under the circumstances in which a threat is made, the
threat is so unequivocal, unconditional, immediate, and specific as
to convey to a person perceiving the threat a gravity of purpose and
an immediate prospect of execution of the threat, and thereby causes
the evacuation, lockdown, or closure of a campus, or the
cancellation, evacuation, lockdown, or closure of an event.
(b) For purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
(c) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.