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 Release 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 oth ers. 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 would have otherwise occu rred 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 bill 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 li cense 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) the local law enforcement agency with jurisdiction over the pro perty; and (ii) the child 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 th e person making the threat; 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 re port the threat commits a Class B misdemeanor. ON APRIL 6, 2026, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 591, AS AMENDED. AMENDMENT #2 provides that the requirement to report a threat of mass violence is triggered when the threat is a credible threat. A threat of mass violence is credible for purposes of this amendment if the threat causes another to reasonably expect the commission of an act of mass violence. Additionally, present law authorizes a court, as a condition of bail or other pretrial release, to order the defendant to undergo an evaluation by forensic services of the department of mental health and substance abuse services to determine to determine whether the defendant poses a substantial likelihood of serious harm to the person or others. This amendment removes that such evaluations are conducted by forensic services and provides, instead, that such evaluation are conducted under laws pertaining to emergency involuntary admission to inpatient treatment .