BILL ANALYSIS Ó
SB 930
Page 1
SENATE THIRD READING
SB 930 (Berryhill)
As Amended March 28, 2014
2/3 vote. Urgency
SENATE VOTE :35-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 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,
SB 930
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c) The fire caused damage to, or the destruction of, five
or more inhabited structures.
2)States legislative intent that property damage provisions be
reviewed within five years 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.
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.
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.
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.
6)Provides that arson of property is a felony, punishable by
imprisonment in the state prison for 16 months, two or three
years.
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.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, potentially significant annual General Funds 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 : 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."
Please see the policy committee analysis for a full discussion
if this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0004759