HB 1273

This bill creates a Class E felony for a person who recklessly, by any means of communication, threatens to commit an act of mass violence on the property of a child care agency, preschool, or religious institution. However, this offense does not apply to a person with an intellectual disability . Bail and Pretrial Rele ase As a condition of bail or other pretrial release, this bill authorizes the court to , in its discretion, order the defendant to undergo an evaluation to determine whether the defendant poses a substantial likelihood of serious harm to the defendant or others. Restitution In addition to any other penalty authorized by law, this bill authorizes a sentencing court to order a person so convicted to pay restitution, including costs and damages resulting from the disruption of the normal activity that wo uld have otherwise occurred on the property of the child care agency, preschool, or religious institution but for the threat to commit an act of mass violence. Juvenile Offenders If a juvenile is adjudicated delinquent for such a violation, then this b ill requires the disposition to include, in addition to any other disposition authorized by law, the suspension of the juvenile's driving privileges or ability to obtain a driver license for a period of one year. MANDATORY REPORTING This bill requires a person who has knowledge of a threat of mass violence on the property of a child care agency, preschool, or religious institution to report the threat immediately to (i) t he local law enforcement agency with jurisdiction over the property; and ( ii ) t he ch ild care agency , preschool, or religious institution that is subject to the threat of mass violence. The report must include, to the extent known by the reporter, the nature of the threat of mass violence ; the name and address of the person making the thr eat ; the facts requiring the report ; and any other pertinent information. Any person who has knowledge of a threat of mass violence on the property of a child care agency, preschool, or religious institution and knowingly fails to report the threat commits a Class B misdemeanor.