SB 821

Bill Subjects

Abstract

Existing law requires that 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, 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, be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in the state prison. This bill would instead require that any person who willfully threatens to commit a crime against another person or at a location or event 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, be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in the state prison. The bill would provide that a person threatens to commit a crime against another person if, on its face and under the circumstances in which a threat is made, the threat 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. The bill would also provide that a person threatens to commit a crime at a location or event, whether a public or private location event, if, on its face and under the circumstances in which a threat is made, the threat is so unequivocal, unconditional, immediate, and specific as to convey to a reasonable person perceiving the threat a gravity of purpose and an immediate prospect of execution of the threat, such that the evacuation, lockdown, or closure of a location, or the cancellation, evacuation, lockdown, or closure of an event appears to be reasonably necessary for the protection of the public. By expanding the scope of a crime, the 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.