SB 507, as amended, Cannella. Arson: commercial livestock farms.
begin insertExisting law specifies a 3-, 4-, or 5-year enhancement for a felony conviction of arson in specified circumstances, including previous convictions for arson or aggravated arson or when a firefighter, peace officer, or other emergency personnel suffered great bodily injury as a result of the offense.
end insertbegin insertThis bill would authorize the enhancement to be imposed if the fire was set with the intent to disrupt the commercial operations of an animal feeding operation, an animal feedlot, or livestock salesyard.
end insertExisting 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 ofbegin delete a crimeend deletebegin insert existing crimesend insert, 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:
begin insertSection 451.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) Notwithstanding any other law,begin delete anyend deletebegin insert aend insert person who
4is convicted of a felony violation of Section 451 shall be punished
5by a three-, four-, or five-year enhancement if one or more of the
6following circumstances is found to be true:
7(1) The defendant has been previously convicted of a felony
8violation of Section 451 or 452.
9(2) A firefighter, peace officer, or other emergency personnel
10suffered great bodily injury as a result of the offense. The additional
11term provided
by this subdivision shall be imposed whenever
12applicable, including any instance in which there is a violation of
13subdivision (a) of Section 451.
14(3) The defendant proximately caused great bodily injury to
15more than one victim in any single violation of Section 451. The
16additional term provided by this subdivision shall be imposed
17whenever applicable, including any instance in which there is a
18violation of subdivision (a) of Section 451.
19(4) The defendant proximately caused multiple structures to
20burn inbegin delete anyend deletebegin insert aend insert single violation of Section 451.
21(5) The defendant committed arson as described in subdivision
22(a), (b), or (c) of
Section 451 and the arson was caused by use of
23a device designed to accelerate the fire or delay ignition.
24(6) The fire was set with the intent to disrupt the commercial
25operations of an animal feeding operation, an animal feedlot, or
26livestock salesyard.
27(b) The additional term specified in subdivision (a) shall not be
28imposed unless the existence ofbegin delete anyend deletebegin insert aend insert fact required under this
29section shall be alleged in the accusatory pleading and either
P3 1admitted by the defendant in open court or found to be true by the
2trier of fact.
Section 451.5 of the Penal Code is amended to read:
(a) A person who willfully, maliciously, deliberately,
6with premeditation, and with intent to cause injury to one or more
7persons or to cause damage to property under circumstances likely
8to produce injury to one or more persons or to cause damage to
9one or more structures or inhabited dwellings, sets fire to, burns,
10or causes to be burned, or aids, counsels, or procures the burning
11of a residence, structure, forest land, or property is guilty of
12aggravated arson if one or more of the following aggravating
13factors exists:
14(1) The defendant has been previously convicted of arson on
15one or more occasions within the past 10 years.
16(2) begin insert(A)end insertbegin insert end insert The fire caused property damage and other losses in
17excess of six million five hundred thousand dollars ($6,500,000).
18(B) In calculating the total amount of property damage and
19other losses under subparagraph (A), the court shall consider the
20cost of fire suppression.
21(3) The fire caused damage to, or the destruction of, five or
22more inhabited structures.
23(4) The fire was set with the intent to disrupt the commercial
24operations
of an animal feeding operation, an animal feedlot, or
25livestock salesyard.
26(b) A person who is convicted under subdivision (a) shall be
27punished by imprisonment in the state prison for 10 years to life.
28(c) A person who is sentenced under subdivision (b) shall not
29be eligible for release on parole until 10 calendar years have
30elapsed.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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