Existing law makes it either a misdemeanor or a felony to willfully threaten to commit a crime that would result in death or great bodily injury to another person. When sentencing a person convicted of a felony violation, existing law permits a court to consider as an aggravating factor that the defendant willfully threatened certain public officials, including state constitutional officers, members of the Legislature, judges, and court commissioners.
SB 239 expands this existing sentencing provision to protect additional local public officials. Specifically, when sentencing a person convicted of making a felony criminal threat, a court may now consider as an aggravating factor that the defendant willfully threatened to commit a crime resulting in death or great bodily injury against a person the defendant knew was an elections official of a city, county, city and county, or public district, or an elected local agency official.
SB 239 amends Section 422 of the Penal Code.
