BILL ANALYSIS Ó SB 930 Page 1 Date of Hearing: July 2, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 930 (Berryhill) - As Amended: March 28, 2014 Policy Committee: Public SafetyVote:7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill extends the January 1, 2014 sunset on the state's aggravated arson damage threshold to January 1, 2019, and increases the threshold amount of property damage required from $6.5 million to $7 million, pursuant to the intent of the underlying statute to adjust the amount for inflation every five years. FISCAL EFFECT Potentially significant annual GF costs for increased state prison terms. Based on the three offenders in the four years before the sunset of the aggravated arson property damage threshold who received 10 years-to-life terms under the section addressed by this bill, if, by extending the sunset, one person per year receives a 10-to-life aggravated arson sentence for damage exceeding $7 million, the annual cost in 12 years, assuming an average 12-year term, would exceed $400,000. COMMENTS 1)Rationale . The author contends the excessive damage factor for aggravated arson is an important law enforcement tool in the fight against arson. 2)Current law , prior to the 2014 sunset of the financial threshold for aggravated arson, provides that any person who deliberately, with intent to cause injury to one or more persons, or 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 SB 930 Page 2 fire to any residence or structure, is guilty of aggravated arson, punishable by 10-years-to-life in state prison if one or more of the following aggravating factors exist: a) The defendant was previously convicted of arson within the past 10 years. b) The fire caused property damage and other losses in excess of $6.5 million. c) The fire caused damage to, or destruction of, five or more inhabited structures. 3)Current law also states legislative intent that property damage provisions sunset within five years to allow the Legislature to consider inflation adjustments. 4)Prior Legislation . a) AB 27 (Jeffries), Statutes of 2009, extended the sunset on the threshold damage provisions for aggravated arson to January 1, 2014 and increased the threshold from $5.65 million to $6.5 million. b) AB 1907 (Pacheco), Statutes of 2004, extended the sunset on the threshold damage provisions of the aggravated arson statute until January 1, 2010 and increased the threshold damage amount from $5 million to $5.65 million. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081