BILL NUMBER: AB 2110 INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Aanestad, Strickland, and Rod Pacheco (Coauthors: Assembly Members Bates, Bogh, Briggs, Bill Campbell, John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman, Hollingsworth, La Suer, Leach, Leslie, Maddox, Maldonado, Mountjoy, Robert Pacheco, Pescetti, Runner, Wyland, Wyman, and Zettel) (Coauthor: Senator Ackerman) FEBRUARY 19, 2002 An act to amend Section 11418.5 of, and to add Sections 11419.5 and 11421 to, the Penal Code, relating to terrorism, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2110, as introduced, Aanestad. Terrorism. Existing law makes it unlawful to possess, use, or threaten to use weapons of mass destruction, as specified, and prescribes a range of penalties for different types of violations. In particular, under existing law, the crime of making a threat to use a weapon of mass destruction is a misdemeanor or felony, punishable by a year in jail, or 3, 4, or 6 years in the state prison, and a fine of not more than $250,000. This bill would increase the punishment for violating the law proscribing making a threat to use a weapon of mass destruction to make it a felony, and would increase the sentence to 4, 6, or 12 years in the state prison. It would further provide for a consecutive sentence of 10, 15, or 25 years if the violation caused great bodily injury to another. Under existing law, threats to use weapons of mass destruction are defined to include written and electronically communicated statements, as provided. This bill would expand that definition to include digital communications, and communication by conduct. Restitution for victims of crime is available pursuant to existing law to specified victims for defined losses. This bill would expand the restitution provisions applicable to weapons of mass destruction crimes to include emergency response and clean up costs, as specified. Under existing law, credits for time served before and after sentencing are provided for work performance and behavior, as specified. This bill would provide that the entire sentence imposed on a violator of any of the weapons of mass destruction provisions would have to be served, with no reduction for work performance or good behavior. 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. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11418.5 of the Penal Code is amended to read: 11418.5. (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that
the statement, made verbally, in writing, or by means of an electronic communication device,it 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, 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, which results in an isolation, quarantine, or decontamination effort, shall be punished by imprisonment in a county jail for up to one year orin the state prison for 3, 4, or 64, 6, or 12 years, orand by a fine of not more than two hundred fifty thousand dollars ($250,000) , or by both that fine and imprisonment. (b) For the purposes of this section, "sustained fear" can be established by, but is not limited to, conduct such as evacuation of any building by any occupant, evacuation of any school by any employee or student, evacuation of any home by any resident or occupant, or any other action taken in direct response to the threat to use a weapon of mass destruction. (c) For purposes of this section, a threat to use weapons of mass destruction may be established by evidence of verbal, written, or electronically or digitally communicated statements, or by evidence of conduct alone, or by a combination of these. A threat to use a weapon of mass destruction includes, but is not limited to, giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, or causing to be placed any false or facsimile weapon of mass destruction where it may be found by another person. (d) The fact that the person who allegedly violated this section did not actually possess a biological agent, toxin, or chemical weapon does not constitute a defense to the crime specified in this section. (d)(e) A person who inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a crime defined in this section shall, in addition and consecutive to the punishment otherwise imposed, be punished by a term of 10, 15, or 25 years in the state prison. (f) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment. SEC. 2. Section 11419.5 is added to the Penal Code, to read: 11419.5. Every violator of this article, in addition to being ordered to comply with all other applicable restitution requirements and fine and fee provisions, shall also be ordered to pay full restitution to each of the following: (a) Any person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity for any clean up costs and any property damage suffered due to the violation directly, or stemming from any emergency response to the incident or its aftermath. (b) Any public or private entity incurring any costs for actual emergency response, for all costs of that response and any clean up costs, including any overtime paid to uninvolved personnel made necessary by the allocation of resources to the emergency response and clean up. SEC. 3. Section 11421 is added to the Penal Code, to read: 11421. Notwithstanding Section 2933, 2933.1, 4019, or any other provision of law, there shall be no good behavior or worktime reduction on either sentenced or presentenced credits for any crime or enhancement provided for in this article. SEC. 4. 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. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: To properly investigate and prosecute terrorism, which poses an immediate and ongoing threat to the safety of this state and its citizens, it is necessary that this act go into immediate effect.