Senate BillNo. 507


Introduced by Senator Cannella

February 21, 2013


An act to amend Section 451.5 of the Penal Code, relating to arson.

LEGISLATIVE COUNSEL’S DIGEST

SB 507, as introduced, Cannella. Arson: commercial livestock farms.

Existing law creates the crime of aggravated arson, and, in pertinent part, makes a person guilty of that crime if he or she willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to a person or cause damage to a property under circumstances likely to produce injury or damage, sets fire to or burns a structure, forest land, or property if one of specified aggravating factors exist, including that the property damage or other losses exceed $6,500,000.

This bill would specify that an aggravating factor exists if the fire was set with the intent to disrupt the commercial operations of an animal feeding operation, animal feedlot, or livestock salesyard. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 451.5 of the Penal Code is amended to
2read:

3

451.5.  

(a) begin deleteAny end deletebegin insertA end insertperson who willfully, maliciously,
4deliberately, with premeditation, and with intent to cause injury
5to one or more persons or to cause damage to property under
6circumstances likely to produce injury to one or more persons or
7to cause damage to one or more structures or inhabited dwellings,
8sets fire to, burns, or causes to be burned, or aids, counsels, or
9procures the burning ofbegin delete anyend deletebegin insert aend insert residence, structure, forest land, or
10property is guilty of aggravated arson if one or more of the
11following aggravating factors exists:

12(1) The defendant has been previously convicted of arson on
13one or more occasions within the past 10 years.

14(2) begin delete(A)end deletebegin deleteend deleteThe fire caused property damage and other losses in
15excess of six million five hundred thousand dollars ($6,500,000).

begin delete

16(B) In calculating the total amount of property damage and other
17losses under subparagraph (A), the court shall consider the cost of
18fire suppression. It is the intent of the Legislature that this
19paragraph be reviewed within five years to consider the effects of
20inflation on the dollar amount stated herein. For that reason, this
21paragraph shall remain in effect until January 1, 2014, and as of
22that date is repealed, unless a later enacted statute, which is enacted
23before January 1, 2014, deletes or extends that date.

end delete

24(3) The fire caused damage to, or the destruction of, five or
25more inhabited structures.

begin insert

26(4) The fire was set with the intent to disrupt the commercial
27operations of an animal feeding operation, an animal feedlot, or
28livestock salesyard.

end insert

29(b) begin deleteAny end deletebegin insertA end insertperson who is convicted under subdivision (a) shall
30be punished by imprisonment in the state prison for 10 years to
31life.

32(c)  begin deleteAny end delete begin insertA end insertperson who is sentenced under subdivision (b) shall
33not be eligible for release on parole until 10 calendar years have
34elapsed.

35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
P3    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



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