Bill Text: CA AB2768 | 2017-2018 | Regular Session | Amended
Bill Title: Criminal Threats: schools and places of religious worship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-25 - In committee: Held under submission. [AB2768 Detail]
Download: California-2017-AB2768-Amended.html
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Amended
IN
Assembly
April 17, 2018 |
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Amended
IN
Assembly
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2768 |
| Introduced by Assembly Member Melendez |
February 16, 2018 |
An act to amend Section 422 of the Penal Code, relating to criminal threats.
LEGISLATIVE COUNSEL'S DIGEST
AB 2768, as amended, Melendez.
Criminal Threats: schools and places of religious worship.
Existing law makes it a crime to willfully threaten to commit a crime 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.
This bill would make it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to persons
at any school or place of religious worship, 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 a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes the administration administrators of that school or place of religious worship reasonably to be in sustained fear for its their safety or the safety of its
their immediate membership. By creating a new crime, this bill would create 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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) Any person who willfully threatens to commit a crime 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, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.(b) Any person who willfully threatens to commit a crime that will result in death or great bodily injury to persons at any school or place of religious worship, 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 a gravity of purpose and an immediate prospect of the execution of the threat, and thereby causes the administration administrators
of that school or place of religious worship reasonably to be in sustained fear for its their safety or the safety of its their immediate membership, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
(c) For purposes of this section, the following definitions apply:
(1) “Administrators of a place of
religious worship” means the appointed leaders of a structure or space used primarily for religious worship and related religious activity, including, but not limited to, pastors, elders, priests, and rabbis.
(2) “Administrators of a school” means a principal, chief manager, superintendent, executive director, or highest ranking supervisor of a college, university, school facility, or of any group of these facilities.
(1)
(3) “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.
(2)
(4) “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.
(3)
(5) “Immediate membership” means any student, school, personnel, or member of the religious organization.
(6) “Place of religious worship” means a structure or space used primarily for religious worship and related religious activities.
