Bill Text: CA SB522 | 2021-2022 | Regular Session | Amended

California Senate Bill 522 (Prior Session Legislation)

Bill Title: Criminal law: malicious communication.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB522 Detail]

Download: California-2021-SB522-Amended.html

Amended IN Senate January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 522

Introduced by Senator Borgeas

February 17, 2021

An act to ~~add Section 148.11 to~~ amend Section 148.1 of the Penal Code, relating to malicious communications.

LEGISLATIVE COUNSEL'S DIGEST

SB 522, as amended, Borgeas. Criminal law: ~~schools:~~ malicious communication.

Existing law makes willful threats to commit a crime that will result in death or great bodily injury to another person illegal, and punishes offenders with imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison.
This bill would prohibit a malicious communication to any other person, as specified, that deadly harm will occur on the campus of a school, or at a location of a school-sponsored event, even if there is no intent of carrying it out. The bill would make a violation punishable by imprisonment in a county jail for a period not exceeding one year or by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill would require a minor who violates this provision to be placed on probation and ordered to perform community service and participate in mental health counseling. The bill would make the parent or guardian of the minor responsible for the expense of counseling and any civil liability resulting from a violation of these provisions.
Existing law makes it a crime to maliciously inform another person that a bomb or other explosive has been or will be placed in any public or private area, knowing that the information is false, and makes it punishable as a misdemeanor or a felony.
This bill would make it a crime to maliciously inform another person that unlawful killing or unlawful great bodily injury will occur at any public or private place by means of a mass shooting, mass stabbing, bombing, or any other unlawful act while knowing that information to be false.

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 Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.Section 148.11 is added to the Penal Code, to read:
148.11.
A person who maliciously communicates to any other person, with the specific intent that a statement made 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, social media, or by any other means, that deadly harm will occur on the campus of a school, or at a location of a school-sponsored event, is to be taken as a threat, even if there is no intent of carrying it out, is guilty of a crime punishable by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. A person under the age of majority who is adjudicated and found to have violated this section shall, in lieu of any other punishment, be placed on probation. The defendant shall be ordered to perform community service and participate in a mental health counseling program for the number of hours specified by the court. The defendant, or the defendant’s parent or guardian, shall be responsible for paying the expense of participation in the counseling program. The court shall take into consideration the ability of the defendant to pay, and a defendant shall not be denied probation because of their inability to pay. Any civil liability arising from a violation of this section by a minor may be imposed on the parent or guardian of the minor.

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) Any person who maliciously informs any other person that unlawful killing or unlawful great bodily injury will occur at any public or private place by means of a mass shooting, mass stabbing, bombing, or any other unlawful act, 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.

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.