AB 849,
as amended, Bonilla. begin deleteUnlawfully causing a fire: explosion. end deletebegin insertUnlawful cannabinoid extraction: explosion.end insert
Existing law provides that the possession for sale, the cultivation of, and the processing of, marijuana are felonies.
end insertbegin insertThis bill would provide that a person who extracts, or attempts to extract, Tetrahydrocannabinol or other cannabinoids by means of solvent extraction from marijuana leaves, flowers, or stalks, and causes an explosion that damages property would be guilty of a misdemeanor, as specified. The bill would provide that if the explosion damages a structure or forest land the offense would be punishable by a misdemeanor or felony with specified penalties. The bill would provide for increased misdemeanor and felony penalties if the explosion damages an inhabited structure or causes great bodily injury. By creating new crimes, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law provides that a person is guilty of the crime of unlawfully causing a fire when he or she recklessly sets fire to or burns, or causes to be burned, a structure, forest land, or property. Unlawfully causing a fire that causes great bodily injury or causes an inhabited structure or inhabited property to burn, or unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison or a county jail, as specified, and a fine, or both the fine and imprisonment. Unlawfully causing a fire of property is a misdemeanor, except as specified. Existing law also imposes sentence enhancements for those crimes, if specified circumstances apply, such as if emergency personnel suffer great bodily injury as a result of the offense.
end deleteThis bill would revise those provisions to specify that they also apply to unlawfully causing an explosion. The bill would also provide that unlawfully causing a fire or an explosion that causes the contents of an inhabited structure or an inhabited property to burn or be damaged by an explosion is a felony punishable by imprisonment in the state prison for 2, 3, or 4 years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both that imprisonment and fine. By expanding the scope of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 452.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) A person who extracts, or attempts to extract,
3Tetrahydrocannabinol or other cannabinoids by means of solvent
4extraction from marijuana leaves, flowers, or stalks, and causes
5an explosion that causes great bodily injury shall be punished by
6imprisonment in a county jail for not more than one year, by
7imprisonment for two, four, or six years, pursuant to subdivision
P3 1(h) of Section 1170 of the Penal Code, by a fine not exceeding ten
2thousand dollars ($10,000), or by both imprisonment and that fine.
3(b) A person who extracts, or attempts to extract,
4Tetrahydrocannabinol or other cannabinoids by means of solvent
5extraction from marijuana leaves, flowers, or stalks, and causes
6an explosion that damages an inhabited structure or inhabited
7
property shall be punished by imprisonment in a county jail for
8not more than one year, by imprisonment for two, three, or four
9years, pursuant to subdivision (h) of Section 1170 of the Penal
10Code, by a fine not exceeding ten thousand dollars ($10,000), or
11by both imprisonment and that fine.
12(c) A person who extracts, or attempts to extract,
13Tetrahydrocannabinol or other cannabinoids by means of solvent
14extraction from marijuana leaves, flowers, or stalks, and causes
15an explosion that damages a structure or forest land shall be
16punished by imprisonment in a county jail for not more than six
17months, by imprisonment for 16 months, or two or three years,
18pursuant to subdivision (h) of Section 1170 of the Penal Code, by
19a fine not exceeding ten thousand dollars ($10,000), or by both
20imprisonment and that fine.
21(d) A person who extracts, or attempts to extract,
22Tetrahydrocannabinol or
other cannabinoids by means of solvent
23extraction from marijuana leaves, flowers, or stalks, and causes
24an explosion that results in damage to property is guilty of a
25misdemeanor, provided however, that this subdivision shall not
26apply in the instance when the explosion damages only the person’s
27own personal property, unless there is injury to another person,
28or another person’s structure, forest land, or property.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
Section 452 of the Penal Code is amended to
39read:
A person is guilty of unlawfully causing a fire or an
2explosion when he or she recklessly sets fire to, burns, causes to
3be burned, or causes an explosion within or on any structure, forest
4land or property.
5(a) Unlawfully
causing a fire or an explosion that causes great
6bodily injury is a felony punishable by imprisonment in the state
7prison for two, four or six years, or by imprisonment in the county
8jail for not more than one year, or by a fine, or by both that
9imprisonment and fine.
10(b) Unlawfully causing a fire or an explosion that causes an
11inhabited structure or inhabited property, or its contents, to burn
12
or to be damaged by an explosion is a felony punishable by
13imprisonment in the state prison for two, three or four years, or by
14imprisonment in the county jail for not more than one year, or by
15a fine, or by both that imprisonment and fine.
16(c) Unlawfully causing a fire to, or an explosion on or of a
17structure or on forest land is a felony punishable by imprisonment
18in the state prison for 16 months, two or three
years, or by
19imprisonment in the county jail for not more than six months, or
20by a fine, or by both that imprisonment and fine.
21(d) Unlawfully causing a fire to, or an explosion on, property
22is a misdemeanor. For purposes of this paragraph, unlawfully
23causing a fire to, or an explosion on, property does not include one
24
burning, causing to be burned, or causing an explosion on his
or
25her own personal property unless there is injury to another person
26or to another person’s structure, forest land or property.
27(e) If a person is convicted of violating this section while he or
28she is confined in a state prison, prison road camp, prison forestry
29camp, or other prison camp or prison farm, or while he or she is
30confined in a county jail while serving a term of
imprisonment for
31a felony or misdemeanor conviction, the sentence imposed for a
32violation of this section shall be consecutive to the sentence for
33which the person was confined.
Section 452.1 of the Penal Code is amended to read:
(a) Notwithstanding any other law, any person who is
36convicted of a felony violation of Section 452 shall be punished
37by a one-, two-, or three-year enhancement for each of the
38following circumstances that is found to be true:
39(1) The defendant has been previously convicted of a felony
40violation of Section 451 or 452.
P5 1(2) A firefighter, peace officer, or other emergency personnel
2suffered great bodily injury as a result of the offense. The additional
3term provided by this subdivision shall be imposed whenever
4applicable, including any instance in which there is a violation of
5subdivision (a) of Section 452.
6(3) The defendant proximately caused great bodily injury to
7more than one victim in any single violation of Section 452. The
8additional term provided by this subdivision shall be imposed
9whenever applicable, including any instance in which there is a
10violation of subdivision (a) of Section 452.
11(4) The defendant proximately caused multiple structures to
12burn or be damaged by an explosion in a single violation of Section
13452.
14(b) The additional term specified in subdivision (a)
shall not be
15imposed unless the existence of
a fact required under this section
16
is alleged in the accusatory pleading and either admitted by the
17defendant in open court or found to be true by the trier of fact.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
O
98