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AB-2768 Criminal Threats: schools and places of religious worship.(2017-2018)

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Date Published: 04/18/2018 04:00 AM
AB2768:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2768


Introduced by Assembly Member Melendez

February 16, 2018


An act to amend Section 422 of the Penal Code, relating to criminal threats.


LEGISLATIVE COUNSEL'S DIGEST


AB 2768, as amended, Melendez. Criminal Threats: schools and places of religious 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, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, 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.
This bill would make it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to persons at any school or place of religious worship, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, 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 thereby causes the administration administrators of that school or place of religious worship reasonably to be in sustained fear for its their safety or the safety of its their immediate membership. By creating a new crime, this bill would create 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   Local Program: YES  

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


SECTION 1.

 Section 422 of the Penal Code is amended to read:

422.
 (a) Any 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, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, 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, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
(b) Any person who willfully threatens to commit a crime that will result in death or great bodily injury to persons at any school or place of religious worship, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, 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 the execution of the threat, and thereby causes the administration administrators of that school or place of religious worship reasonably to be in sustained fear for its their safety or the safety of its their immediate membership, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
(c) For purposes of this section, the following definitions apply:
(1) “Administrators of a place of religious worship” means the appointed leaders of a structure or space used primarily for religious worship and related religious activity, including, but not limited to, pastors, elders, priests, and rabbis.
(2) “Administrators of a school” means a principal, chief manager, superintendent, executive director, or highest ranking supervisor of a college, university, school facility, or of any group of these facilities.

(1)

(3) “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(2)

(4) “Immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(3)

(5) “Immediate membership” means any student, school, personnel, or member of the religious organization.
(6) “Place of religious worship” means a structure or space used primarily for religious worship and related religious activities.

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.