Bill Text: CA SB1330 | 2021-2022 | Regular Session | Introduced
Bill Title: Crimes: false reports.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-05 - April 5 set for first hearing. Failed passage in committee. (Ayes 1. Noes 0. Page 3329.) Reconsideration granted. [SB1330 Detail]
Download: California-2021-SB1330-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1330
| Introduced by Senator Borgeas |
February 18, 2022 |
An act to amend Section 148.1 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, as introduced, Borgeas.
Crimes: false reports.
Existing law prohibits falsely reporting a bomb threat, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony.
This bill would additionally prohibit maliciously informing any other person that a terror incident, as defined, will occur at any school or place of worship, as defined, or at any school-sponsored event, knowing that the information is false.
By creating a new crime, this 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.
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 148.1 of the Penal Code is amended to read:148.1.
(a) Any person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, employee of a fire department or fire service, district attorney, newspaper, radio station, television station, deputy district attorney, employees of the Department of Justice, employees of an airline, employees of an airport, employees of a railroad or busline, an employee of a telephone company, occupants of a building or a news reporter in the employ of a newspaper or radio or television station, that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(b) Any person who reports to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 if (1) the false information is given while the peace officer is engaged in the performance of his or her their duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
(c) Any person who maliciously
informs any other person that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the information is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(d) Any person who maliciously gives, mails, sends, or causes to be sent any false or facsimile bomb to another person, or places, causes to be placed, or maliciously possesses any false or facsimile bomb, with the intent to cause another to fear for his or her their personal safety or the safety of others, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(e) (1) Any person who maliciously informs any other person that a terror incident will occur at any school, any school-sponsored event, or any place of worship, knowing that the information is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(2) As used in this subdivision, the following terms are defined as follows:
(A) “Informs any other person” means to communicate to another person directly, or via any communication device, including, without limitation, a telephone, text messaging device, or fax machine, or by means of a recorded message or message posted to any social media website, internet website, bulletin board, chatroom, or similar forum that is intended to be viewed by other persons.
(B) “Place of worship” means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.
(C) “School” means any of the following:
(i) A school as defined in Section 626.
(ii) Any campus or property of the University of California, California State University, or a California community college.
(iii) Any private postsecondary institution.
(D) “Terror incident” means a violent criminal incident, the nature of which is commonly understood to result in mass casualties, including, without limitation, a mass shooting, mass stabbing, explosion, release of poisonous gas or substance, or attack with a vehicle.
