| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1391Introduced by Senator BorgeasFebruary 21, 2020 An act to add Section 148.11 to the Penal Code, relating to malicious communications. LEGISLATIVE COUNSEL'S DIGESTSB 1391, as introduced, 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.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 148.11 is added to the Penal Code, to read:148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1391Introduced by Senator BorgeasFebruary 21, 2020 An act to add Section 148.11 to the Penal Code, relating to malicious communications. LEGISLATIVE COUNSEL'S DIGESTSB 1391, as introduced, 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.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 |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1391 |
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| 15 | 15 | | Introduced by Senator BorgeasFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Senator Borgeas |
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| 18 | 18 | | February 21, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Section 148.11 to the Penal Code, relating to malicious communications. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1391, as introduced, Borgeas. Criminal law: schools: malicious communication. |
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| 27 | 27 | | |
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| 28 | 28 | | 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.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. |
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| 30 | 30 | | 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. |
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| 31 | 31 | | |
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| 32 | 32 | | 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. |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | 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, 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, 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 not of a majority age 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 defendants 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. 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. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 148.11 is added to the Penal Code, to read:148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. |
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| 50 | 50 | | SECTION 1. Section 148.11 is added to the Penal Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. |
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| 56 | 56 | | 148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. |
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| 58 | 58 | | 148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. |
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| 62 | 62 | | 148.11. A person who maliciously communicates to any other person, 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, 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 not of a majority age 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 defendants 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. |
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| 64 | 64 | | 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. |
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| 66 | 66 | | 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. |
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| 68 | 68 | | 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. |
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| 70 | 70 | | ### SEC. 2. |
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