BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 930
                                                                  Page  1

          Date of Hearing:   June 17, 2014
          Chief Counsel:     Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   SB 930 (Berryhill) - As Amended:  March 28, 2014


           SUMMARY  :  Extends the sunset date until January 1, 2019 on the  
          state's aggravated arson statute, and increases the threshold  
          amount of property damage required from $6.5 million to $7  
          million.

           EXISTING LAW  :

          1)Provides that any person who willfully, maliciously, or  
            deliberately, with premeditation and with intent to cause  
            injury to one or more persons, to cause damage to property  
            under circumstances likely to produce injury to one or more  
            persons, or to cause damage to one or more structures or  
            inhabited dwellings sets fire to, burns, or causes to be  
            burned any residence or structure is guilty of aggravated  
            arson, punishable by 10-years-to-life in the state prison if  
            one or more of the following aggravating factors exist:

             a)   The defendant was previously convicted of arson on one  
               or more occasions within the past 10 years.

             b)   The fire caused property damage and other losses in  
               excess of $6.5 million; or,

             c)   The fire caused damage to, or the destruction of, five  
               or more inhabited structures.  (Pen. Code § 451.5.)

          2)States legislative intent that property damage provisions be  
            reviewed within five years to consider to consider the effects  
            of inflation on the dollar amount therein.  For that reason,  
            these provisions shall only remain in effect until January 1,  
            2014.  (Pen. Code, § 451.5 subd. (a)(2)(B).)

          3)Provides that arson that causes great bodily injury is a  
            felony, punishable by imprisonment in the state prison for  
            five, seven, or nine years. (Pen. Code, § 451 subd, (a).)








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          4)Provides that arson of an inhabited dwelling or inhabited  
            structure is a felony, punishable by imprisonment in the state  
            prison for three, five, or eight years.  (Pen. Code § 451  
            subd. (b).)

          5)Provides that arson of a forestland or structure is a felony  
            punishable by imprisonment in the state prison for two, four,  
            or six years.  (Pen. Code § 451 subd. (c).)

          6)Provides that arson of property is a felony, punishable by  
            imprisonment in the state prison for 16 months, 2 or 3 years.   
            (Pen. Code § 451 subd. (d).)

          7)Provides that any person convicted of arson shall be punished  
            by a three-, four-, or five-year enhancement if one or more of  
            the following circumstances are found to be true:

             a)   The defendant was previously convicted of felony arson;

             b)   A peace officer, firefighter, or other emergency  
               personnel suffered great bodily injury;

             c)   The defendant proximately caused great bodily injury to  
               more than one victim in a single incident;

             d)   The defendants proximately caused multiple structures to  
               burn; or,

             e)   The defendants committed arson by use of a device  
               designed to accelerate the fire, or delay ignition.  (Pen.  
               Code § 451.1.)

          8)Provides that a person is guilty of unlawfully causing a fire  
            when he or she recklessly sets fire to or causes to be burned  
            any structure, forestland, or property.

             a)   Unlawfully causing a fire that causes great bodily  
               injury is a felony, punishable by imprisonment in the state  
               prison for two, four, or six years, or by imprisonment in  
               the county jail not to exceed one year, or by a fine, or by  
               both imprisonment and a fine.

             b)   Unlawfully causing a fire that causes an inhabited  
               structure or property to burn is a felony, punishable by  








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               imprisonment in the state prison for two, three, or four  
               years, or by imprisonment in the county jail not to exceed  
               one year, or by a fine, or by both imprisonment and a fine.  


             c)   Unlawfully causing a fire of a structure or forestland  
               is a felony punishable by imprisonment in the state prison  
               for 16 months, 2, or 3 years, or by imprisonment in the  
               county jail not to exceed one year, or by a fine, or by  
               both imprisonment and a fine.

             d)   Unlawfully causing a fire of property is a misdemeanor.   
               (Pen. Code § 452.)

          9)Provides that possession of an incendiary with the intent to  
            set a fire is punishable by 16 months, 2 or 3 years in a  
            county jail, or in a county jail not exceeding one year.   
            (Pen. Code § 453.) 

           FISCAL EFFECT :  Unknown


           COMMENTS  :   

           1)Author's Statement  :  According to the author, "It is important  
            to preserve this statute to provide law enforcement and  
            prosecutors a valuable tool to deal with the most dangerous  
            arsonists in California.  If the cost of fire suppression is  
            no longer considered when calculating the cost of property  
            damage and loss to determine whether to convict a person of  
            aggravated arson, then the state would lose a valuable  
            deterrent for arson caused wildland fires.  Additionally, in  
            some cases where a person was not charged with aggravated  
            arson because fire suppression costs were no longer included  
            in the conviction calculation, we would lose the ability to  
            mandate the person to register as an aggravated arsonist,  
            despite causing substantial costs."

           2)Argument in Support  :  The  California State Firefighters'  
            Association  states, "SB 930 will extend the law of making a  
            person guilty of aggravated arson if fire property damage is  
            caused.  The amount was $6.5 million and will be raised to $7  
            million in this bill to account for inflation.  This law helps  
            as a deterrent to those planning to intentionally start a  
            damaging fire that will put firefighters and people at risk.   








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            There have been very few cases over the years and we would  
            like to continue to keep the number low with this deterrent.

           3)Prior Legislation  :

             a)   AB 1907 (Pacheco), Chapter 135, Statutes of 2004,  
               extended the sunset date on the state's aggravated arson  
               statute until January 1, 2010 and increased the threshold  
               amount of required property damage from $5 million to $5.65  
               million. 

             b)   AB 1995 (Jeffries), of the 2007-08 Legislative Session,  
               extended the sunset date on the state's aggravated arson  
               statute until January 1, 2014, and increased the threshold  
               amount of property damage required from $5.65 million to  
               $6.5 million.  AB 1995 was held under submission in the  
               Senate Appropriations Committee.

             c)   AB 27 (Jeffries), Chapter 71, Statutes of 2009, extended  
               the sunset date on the state's aggravated arson statute  
               until January 1, 2010 and increased the threshold amount of  
               property damage required from $5 million to $5.65 million.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California State Firefighters' Association
          California Police Chiefs Association
          California District Attorneys Association
          California State Sheriffs' Association
           
            Opposition 
           
          None


           Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744