California Senate Bill SB110 Amended / Bill

 BILL NUMBER: SB 110AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 23, 2015 AMENDED IN SENATE APRIL 23, 2015 AMENDED IN SENATE FEBRUARY 18, 2015 INTRODUCED BY Senator Fuller (Principal coauthor: Assembly Member Waldron) (Coauthors: Senators Anderson, Huff, Stone, and Vidak) (Coauthors: Assembly Members Chvez, Chu, Dahle, Gallagher, Grove, Jones, Lackey, Maienschein, Mathis, and Olsen) JANUARY 9, 2015 An act to add Section 422.2 to the Penal Code, relating to threats. LEGISLATIVE COUNSEL'S DIGEST SB 110, as amended, Fuller. Threats: schools. 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 is to be taken as a threat and 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.  Under existing law, this crime is punishable by imprisonment in a county jail for no more than one year for a misdemeanor, or by imprisonment in state prison for a felony.  This bill would make a person who, by any means, including, but not limited to, by means of an electronic act,  willfully  threatens unlawful violence to occur upon the grounds of a  school   school, as defined, with specific intent and  under certain  circumstances   circumstances,  and that threat creates a disruption at the school, guilty of a  misdemeanor,   misdemeanor or felony  punishable by imprisonment in a county jail for a  term not exceeding one year, by a fine of $1,000, or by both that imprisonment and that fine. The bill would also make a person convicted of violating this provision, or adjudged a ward of the juvenile court based upon a violation of this provisions, liable to a public agency for any reasonable costs of that public agency's emergency response to the person's threat.   specified term.  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. 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 422.2 is added to the Penal Code, to read: 422.2. (a)  Any   A  person who, by any means, including, but not limited to, by means of an electronic act,  willfully  threatens unlawful violence  that will result in death or great bodily injury  to occur upon the grounds of a  school under circumstances where the threat would reasonably be understood as true and the person making the threat knows or should know that the threat would be understood as true,   school, 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, uncondi tional, immediate, and specific as to convey a gravity of purpose and an immediate prospect of execution of the threat,  and that threat creates a disruption at the school,  is guilty of a misdemeanor, punishable   shall be punished  by imprisonment in a county jail for a term not exceeding one year,  a fine of one thousand dollars ($1,000),  or by  both that  imprisonment  and fine.   pursuant to subdivision (h) of Section 1170.   (b) 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 that public agency's emergency response to the person's threat.   (c)   (b)  This section does not preclude or prohibit prosecution under any other law.  (d)   (c)  For purposes of this section, the following terms have the following meanings: (1) "Disruption" means interference with peaceful activities of the campus or facility. (2) "Electronic act" has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code. (3) "School" means a state  preschool or   preschool,  a private or public elementary, middle, vocational, junior high, or high  school.   school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place.  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.