A.B.2768

California State Legislature

Bill Title Criminal Threats: schools and places of religious worship.
Hispanic Sponsors CA Assemb. Melissa Melendez (R-CA-067)
Date Introduced 02/16/2018
NHCSL Task Force
Law and Criminal Justice
Primary Issue Area Arts, Culture, Religion
Issue Areas
Arts culture and religion
Criminal justice
Federal and intergovernmental affairs
Session 2017-2018 Regular Session

Summary

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 administrators of that school or place of religious worship reasonably to be in sustained fear for their safety or the safety of 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.