Bill Text: CA SB456 | 2015-2016 | Regular Session | Amended

California Senate Bill 456 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Criminal threats: discharge of a firearm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-04-19 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB456 Detail]

Download: California-2015-SB456-Amended.html

BILL NUMBER: SB 456	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2015
	AMENDED IN ASSEMBLY  JUNE 9, 2015
	AMENDED IN SENATE  APRIL 23, 2015

INTRODUCED BY   Senator Block

                        FEBRUARY 25, 2015

   An act to add Section 422.3 to the Penal Code, relating to
criminal threats.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 456, as amended, Block. Criminal threats: discharge of a
firearm.
   Existing law requires a 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 is to be taken as
a threat, even if there is no intent of actually carrying it out,
and thereby causes that other person reasonably to be in sustained
fear for his or her own safety or for his or her immediate family's
safety, to be punished by imprisonment in a county jail not to exceed
one year, or by imprisonment in the state prison.
   This bill would  provide that   make  a
person who  willfully  threatens, by specified means, to
discharge a firearm on the campus of a school, as defined, or
location where a school-sponsored event is  or will be 
taking place,    with specific intent and  under
circumstances  where the threat would reasonably be
understood as true, and where the person making the threat knows or
should know that the threat would be understood as true, is 
 that convey a gravity of purpose and an immediate prospect of
execution of the threat,  guilty of a misdemeanor  or felony
 punishable by  a fine not exceeding $1,000, by
 imprisonment in a county jail for a  period not
exceeding one year, or by both that fine and imprisonment. The bill
would state that precautionary measures taken by a school or law
enforcement agency is evidence that the threat was reasonably
understood as true. The bill would also make a person convicted of
committing this conduct liable to the public agency for the
reasonable costs of the emergency response by that public agency.
  specified term. 
   By creating a 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.
   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 422.3 is added to the Penal Code, to read:
   422.3.  (a) A person who    willfully  threatens
to discharge a  firearm   firearm, which will
result in death or great bodily injury,  on the campus of a
school, or location where a school-sponsored event is   
or will be  taking place,  under circumstances where
the threat would reasonably be understood as true, and where the
person making the threat knows or should know that the threat would
be understood as true, is guilty of a misdemeanor punishable
  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 a fine
not exceeding one thousand dollars ($1,000),  by
imprisonment in a county jail for a period not exceeding one year, or
by  both that fine and imprisonment.  
imprisonment pursuant to subdivision (h) of Section 1170. 

   (b) The fact that precautionary measures were taken by a school or
law enforcement agency is evidence that the threat was reasonably
understood as true.  
   (c) 
    (b)  A threat to discharge a firearm described in
subdivision (a) 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. 
   (d) 
    (c)  For purposes of this section, "school" means a
state preschool, private or public elementary school, middle school,
vocational school, junior high school, high school, community
college, or public or private university. 
   (e) 
    (d)  This section does not preclude or prohibit
prosecution under any other law. 
   (f) A person convicted of violating this section, or adjudged a
ward of the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code based upon a violation of this section, is liable
to a public agency for any reasonable costs of the emergency response
to the person's threat by that public agency. 
  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.