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SB-456 Criminal threats: discharge of a firearm.(2015-2016)

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Enrolled  August 27, 2015
Passed  IN  Senate  August 27, 2015
Passed  IN  Assembly  August 20, 2015
Amended  IN  Assembly  July 16, 2015
Amended  IN  Assembly  June 19, 2015
Amended  IN  Assembly  June 09, 2015
Amended  IN  Senate  April 23, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 456


Introduced by Senator Block

February 25, 2015


An act to add Section 422.3 to the Penal Code, relating to criminal threats.


LEGISLATIVE COUNSEL'S DIGEST


SB 456, Block. Criminal threats: discharge of a firearm.
Existing law requires a 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 is to be taken as a threat, even if there is no intent of actually carrying it out, and thereby causes that other person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, to be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in the state prison.
This bill would make a person who willfully threatens, by specified means, to discharge a firearm on the campus of a school, as defined, or location where a school-sponsored event is or will be taking place and the threat is related both to the school-sponsored event and to the time period in which the school-sponsored event will be taking place, with specific intent and under circumstances that convey a gravity of purpose and an immediate prospect of execution of the threat, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term.
By creating a 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   Local Program: YES  

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


SECTION 1.

 Section 422.3 is added to the Penal Code, to read:

422.3.
 (a) A person who willfully threatens to discharge a firearm, which will result in death or great bodily injury to another person, on the campus of a school, or location where a school-sponsored event is or will be taking place and the threat is related both to the school-sponsored event and to the time period in which the school-sponsored event will be taking place, 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, unconditional, immediate, and specific as to convey a gravity of purpose and an immediate prospect of execution of the threat, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) A threat to discharge a firearm described in subdivision (a) includes a threat that is communicated 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, and social media, and by any other means.
(c) For purposes of this section, “school” means a state preschool, private or public elementary school, middle school, vocational school, junior high school, high school, community college, or public or private university.
(d) 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.

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.