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| 1 | + | Amended IN Assembly April 02, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 907Introduced by Assembly Member GraysonFebruary 20, 2019 An act to add Section 422.2 to the Penal Code, relating to threats. LEGISLATIVE COUNSEL'S DIGESTAB 907, as amended, Grayson. Threats: schools and places of 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 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 the persons own safety or for his or her the persons immediate familys 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 willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 02, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 907Introduced by Assembly Member GraysonFebruary 20, 2019 An act to add Section 422.2 to the Penal Code, relating to threats. LEGISLATIVE COUNSEL'S DIGESTAB 907, as amended, Grayson. Threats: schools and places of 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 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 the persons own safety or for his or her the persons immediate familys 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 willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 02, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 10, 2019 | |
| 8 | 7 | Amended IN Assembly April 02, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | - | ||
| 11 | + | Assembly Bill No. 907 | |
| 13 | 12 | ||
| 14 | - | ||
| 13 | + | Introduced by Assembly Member GraysonFebruary 20, 2019 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Grayson(Coauthor: Assembly Member Maienschein)February 20, 2019 | |
| 17 | - | ||
| 18 | - | Introduced by Assembly Member Grayson(Coauthor: Assembly Member Maienschein) | |
| 15 | + | Introduced by Assembly Member Grayson | |
| 19 | 16 | February 20, 2019 | |
| 20 | 17 | ||
| 21 | 18 | An act to add Section 422.2 to the Penal Code, relating to threats. | |
| 22 | 19 | ||
| 23 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 21 | ||
| 25 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 23 | ||
| 27 | 24 | AB 907, as amended, Grayson. Threats: schools and places of worship. | |
| 28 | 25 | ||
| 29 | - | 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 the persons own safety or for the persons immediate familys 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 willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term | |
| 26 | + | 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 the persons own safety or for his or her the persons immediate familys 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 willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a 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. | |
| 30 | 27 | ||
| 31 | - | 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 the persons own safety or for the persons immediate familys 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. | |
| 28 | + | 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 the persons own safety or for his or her the persons immediate familys 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. | |
| 32 | 29 | ||
| 33 | - | This bill would make a person who willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term. | |
| 30 | + | This bill would make a person who willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term. By creating a new crime, this bill would impose a state-mandated local program. | |
| 34 | 31 | ||
| 35 | 32 | 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. | |
| 36 | 33 | ||
| 37 | 34 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 35 | ||
| 39 | 36 | ## Digest Key | |
| 40 | 37 | ||
| 41 | 38 | ## Bill Text | |
| 42 | 39 | ||
| 43 | - | 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) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) | |
| 40 | + | 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) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 44 | 41 | ||
| 45 | 42 | The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | 44 | ## The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | - | SECTION 1. Section 422.2 is added to the Penal Code, to read:422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) | |
| 46 | + | SECTION 1. Section 422.2 is added to the Penal Code, to read:422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur. | |
| 50 | 47 | ||
| 51 | 48 | SECTION 1. Section 422.2 is added to the Penal Code, to read: | |
| 52 | 49 | ||
| 53 | 50 | ### SECTION 1. | |
| 54 | 51 | ||
| 55 | - | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) | |
| 52 | + | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur. | |
| 56 | 53 | ||
| 57 | - | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) | |
| 54 | + | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur. | |
| 58 | 55 | ||
| 59 | - | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) | |
| 56 | + | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.(b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422.(c) For purposes of this section, the following terms have the following meanings:(1)Disruption means interference with peaceful activities of the school or place of worship.(2)(1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code.(3)(2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted.(4)(3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur. | |
| 60 | 57 | ||
| 61 | 58 | ||
| 62 | 59 | ||
| 63 | - | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat, even if there is no intent of carrying it out, if 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, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 60 | + | 422.2. (a) A person who, by any means, including, but not limited to, an electronic act, willfully threatens damage to the property of a school or place of worship, by means that are to commit a crime that is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of the a school or place of worship, 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 if 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, and that threat creates a disruption at the school or place of worship, if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 64 | 61 | ||
| 65 | - | (b) | |
| 62 | + | (b) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422. | |
| 66 | 63 | ||
| 67 | - | (b) | |
| 64 | + | (c) For purposes of this section, the following terms have the following meanings: | |
| 65 | + | ||
| 66 | + | (1)Disruption means interference with peaceful activities of the school or place of worship. | |
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | 69 | ||
| 71 | - | (c) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422. | |
| 72 | - | ||
| 73 | - | (c) | |
| 70 | + | (2) | |
| 74 | 71 | ||
| 75 | 72 | ||
| 76 | 73 | ||
| 77 | - | (d) For purposes of this section, the following terms have the following meanings: | |
| 78 | - | ||
| 79 | 74 | (1) Electronic act has the same meaning as in paragraph (2) of subdivision (r) of Section 48900 of the Education Code. | |
| 80 | 75 | ||
| 76 | + | (3) | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 81 | 80 | (2) Place of worship means any church, synagogue, temple, mosque, or other building where religious services are regularly conducted. | |
| 81 | + | ||
| 82 | + | (4) | |
| 83 | + | ||
| 84 | + | ||
| 82 | 85 | ||
| 83 | 86 | (3) School means a state preschool, a private or public elementary, middle, vocational, junior high, or high school, a community college, a public or private university, or a location where a school-sponsored event is or will be taking place and the threat is related to both the school-sponsored event and to the time period during which the school-sponsored event will occur. | |
| 84 | 87 | ||
| 85 | 88 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 86 | 89 | ||
| 87 | 90 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 88 | 91 | ||
| 89 | 92 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 90 | 93 | ||
| 91 | 94 | ### SEC. 2. |