SB 239: Crimes: criminal threats. - California

08/30/26 - Enrolled → SB239 · 1 edit

MINOR

No substantive legislative changes exist between these two versions. The diff reflects a change in document format only: the 'from' version is the formal enrolled bill document (with Senate/Assembly passage dates and signature blocks), while the 'to' version is a web page rendering of the same bill text with navigation menus, search tools, and metadata fields. The actual statutory language amending Penal Code Section 422 is identical in both.

TECHNICAL

The document was reformatted from a formal enrolled bill layout (with passage dates, signature lines, and page numbers) into a web-based display format that includes site navigation, quick search, version history links, vote/appropriation metadata, and a 'Date Published' timestamp of 08/30/2026.

07/02/26 - Amended Assembly → 08/30/26 - Enrolled · 2 edits · Aug 30, 2026

MINOR

SB 239, which adds elections officials and local agency officials to the list of protected persons for enhanced sentencing under Penal Code Section 422 (criminal threats), was enrolled with one substantive change: it narrowed the category of protected local government personnel from all 'local agency officials' as defined in Government Code Section 53237(b) to only 'elected local agency officials.' The remaining changes are formatting updates reflecting the bill's passage through both chambers and transmittal to the Governor.

SCOPE

The category of protected local government personnel was narrowed from 'a local agency official as defined in subdivision (b) of Section 53237 of the Government Code' to 'an elected local agency official.' This removes appointed or non-elected local agency officials from the list of persons whose threat would trigger enhanced sentencing consideration.

TECHNICAL

The bill was reformatted from an amended-in-assembly version (with line numbers, amendment history headers, and inline amendment markup) to a clean enrolled version with passage dates for both chambers and a Governor's approval block.

06/17/26 - Amended Assembly → 07/02/26 - Amended Assembly · 2 edits · Jul 2, 2026

MINOR

SB 239 was amended to narrow the category of protected persons for an aggravating sentencing factor related to threats against public officials. The bill now limits protection to 'elected local agency officials' rather than all 'local agency officials,' and removes a redundant reference to 'county or city elections official.' This narrows who qualifies as a protected person when a defendant willfully threatens to commit a crime resulting in death or great bodily injury.

SCOPE

Changed 'local agency official' to 'elected local agency official,' narrowing the aggravating factor so it only applies when the threatened victim is an elected (not appointed) local agency official.

Removed the separate phrase 'a county or city elections official' from the list of protected persons, as this category was already covered by the broader phrase 'an elections official of a city, county, city and county, or public district.'

05/28/26 - Amended Assembly → 06/17/26 - Amended Assembly · 3 edits · Jun 17, 2026

MINOR

SB 239 was significantly narrowed in scope by removing all provisions related to teleconferencing for subsidiary bodies of local agencies (the former Section 54953.05 of the Government Code), leaving only the criminal threats amendment. The remaining provision was expanded to cover a broader category of elections officials as protected persons for sentencing aggravation purposes.

Scope change

The bill was narrowed from a two-part measure (open meetings teleconferencing for subsidiary bodies plus criminal threats) to a single-purpose bill addressing only criminal threats against public officials. The open meetings component, which would have added an entirely new section to the Government Code with detailed teleconferencing rules, was completely stripped out.

SCOPE

The entire open meetings/teleconferencing component of the bill was removed. This included new Section 54953.05 of the Government Code, which would have authorized advisory subsidiary bodies of local agencies to use teleconferencing with specific requirements for public access, camera appearance, physical meeting locations, and public comment. It also removed the associated constitutional findings sections (former Sections 2 and 3) and the January 1, 2030 repeal date.

ELIGIBILITY

The list of protected persons for whom a criminal threat can be considered an aggravating sentencing factor was expanded. Previously it covered only 'a county or city elections official.' Now it also includes 'an elections official of a city, county, city and county, or public district,' broadening protection to elections officials in all types of local governmental entities including public districts.

FISCAL

The fiscal committee vote changed from 'no' to 'yes,' indicating the bill now has fiscal committee approval.

04/07/25 - Amended Senate → 05/28/26 - Amended Assembly · 3 edits · May 28, 2026

MINOR

The Assembly amendment to SB 239 adds a new provision amending Penal Code Section 422 to expand the list of protected persons for whom criminal threats constitute an aggravating sentencing factor, adding county or city elections officials and local agency officials. The bill also makes a minor clarifying edit removing the word 'primary' from references to physical meeting locations in the subsidiary body teleconferencing provisions, making clear that all designated locations must meet the requirements rather than just one primary location.

SCOPE

New section amends Penal Code Section 422(b) to authorize courts to consider as an aggravating factor in felony sentencing for criminal threats that the defendant threatened a county or city elections official or a local agency official (as defined in Government Code Section 53237(b)), expanding protection beyond state constitutional officers, legislators, and judges.

REQUIREMENT

Removed the word 'primary' from references to physical meeting locations in the subsidiary body teleconferencing provisions (Government Code 54953.05), clarifying that agenda posting, staff presence, and public access requirements apply at each designated physical meeting location rather than only at a single primary location.

TECHNICAL

Bill title and legislative counsel's digest updated to reflect the added Penal Code amendment relating to crimes, in addition to the original local government open meetings subject matter.

01/30/25 - Introduced → 04/07/25 - Amended Senate · 5 edits · Apr 7, 2025

MODERATE

The Senate amendment to SB 239 makes three substantive changes to the teleconferencing rules for local government subsidiary bodies: it shifts approval authority from the parent legislative body to the subsidiary body itself, relaxes the physical meeting location requirement from a single 'primary' location to 'at least one' location within the creating body's boundaries (while also allowing the parent body's staff to be present), and adds a sunset provision that repeals the entire section on January 1, 2030.

REQUIREMENT

The two-thirds vote approval for using teleconferencing was shifted from the parent legislative body to the subsidiary body itself. Previously the city council or board of supervisors had to approve; now the subsidiary body (e.g., a neighborhood council) votes on its own use of teleconferencing.

The physical meeting location requirement changed from designating a single 'primary physical meeting location' to designating 'at least one physical meeting location within the boundaries of the legislative body that created the subsidiary body.' This allows multiple locations and requires at least one to be geographically within the parent body's jurisdiction.

The staff presence requirement was broadened: previously only a staff member of the subsidiary body could be present at the physical location, but now a staff member of either the subsidiary body OR the legislative body that created it may fulfill this role.

TIMELINE

A new sunset provision (subdivision (h)) was added stating the section remains in effect only until January 1, 2030, and is repealed as of that date. This means the authorization for subsidiary bodies to use alternative teleconferencing provisions will automatically expire after approximately five years.

SCOPE

The bill title was changed from 'an act to add Section 54953.05' to 'an act to add and repeal Section 54953.05,' reflecting the new sunset/repeal provision.

Crimes: criminal threats.

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