AB 849,
as amended, Bonilla. begin deleteUnlawful cannabinoid extraction: explosion. end deletebegin insertCrimes: causing an explosion.end insert
Existing law proscribes the crime of arson and provides that a person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. The crime of arson is a felony punishable by imprisonment in the state prison, as specified.
end insertbegin insertThis bill would provide that a person who recklessly causes an explosion is guilty of a public offense. The bill would provide that if the explosion causes great bodily injury, the offense is a felony punishable, as specified, for 2, 4, or 6 years, or a misdemeanor punishable by imprisonment in a county jail for up to one year. The bill would provide that if the explosion causes damages in the amount of $20,000 or more to any structure in which a person was present at the time of the offense or to an inhabited dwelling, the offense is a felony punishable, as specified, or a misdemeanor punishable by imprisonment in a county jail for up to one year. The bill would also provide that if the explosion causes damages in the amount of $2,000 or more, but less than $20,000, to any structure in which a person was present at the time of the offense or to an inhabited dwelling, the offense is a misdemeanor punishable by imprisonment in a county jail for up to one year. By creating new crimes, the 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 the possession for sale, the cultivation of, and the processing of, marijuana are felonies.
end deleteThis 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 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 recklessly causes an explosion is
3guilty of a public offense.
4(b) If the explosion described in subdivision (a) causes great
5bodily injury to another person, the offense is a felony punishable
6pursuant to subdivision (h) of Section 1170 for two, four, or six
7years, or a misdemeanor punishable by imprisonment in a county
8jail for up to one year.
P3 1(c) If the explosion described in subdivision (a) causes damages
2in the amount of twenty thousand dollars ($20,000) or more to
3any structure in which a person was present at the time of the
4offense or to an inhabited dwelling, the offense is a felony
5punishable pursuant to subdivision (h) of Section 1170, or a
6misdemeanor
punishable by imprisonment in a county jail for up
7to one year.
8(d) If the explosion described in subdivision (a) causes damages
9in the amount of two thousand dollars ($2,000) or more, but less
10than twenty thousand dollars ($20,000), to any structure in which
11a person was present at the time of the offense or to an inhabited
12dwelling, the offense is a misdemeanor punishable by imprisonment
13in a county jail for up to one year.
14(e) The court may not impose sentence pursuant to subdivision
15(b) and an enhancement for infliction of great bodily injury if the
16same injury is an element of the crime and the basis for the
17enhancement.
18(f) For purposes of this section, the amount of damages caused
19by the defendant’s conduct is determined by the market cost of
20repair or replacement in the place where the offense occurred.
21(g) For purposes of this section, “inhabited” means currently
22being used for dwelling purposes, whether occupied or not
23occupied.
24(h) A misdemeanor charged under this section is subject to a
25civil compromise pursuant to Chapter 7 (commencing with Section
261377) of Title 10 of Part 2.
27(i) This section does not prohibit prosecution under any other
28law.
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 452.5 is added to the Penal Code, to read:
(a) A person who extracts, or attempts to extract,
40Tetrahydrocannabinol or other cannabinoids by means of solvent
P4 1extraction from marijuana leaves, flowers, or stalks, and causes
2an explosion that causes great bodily injury shall be punished by
3imprisonment in a county jail for not more than one year, by
4imprisonment for two, four, or six years, pursuant to subdivision
5(h) of Section 1170 of the Penal Code, by a fine not exceeding ten
6thousand dollars ($10,000), or by both imprisonment and that fine.
7(b) A person who extracts, or attempts to extract,
8Tetrahydrocannabinol or other cannabinoids by means of solvent
9extraction from marijuana leaves, flowers, or stalks, and causes
10an explosion that damages an inhabited structure or inhabited
11
property shall be punished by imprisonment in a county jail for
12not more than one year, by imprisonment for two, three, or four
13years, pursuant to subdivision (h) of Section 1170 of the Penal
14Code, by a fine not exceeding ten thousand dollars ($10,000), or
15by both imprisonment and that fine.
16(c) A person who extracts, or attempts to extract,
17Tetrahydrocannabinol or other cannabinoids by means of solvent
18extraction from marijuana leaves, flowers, or stalks, and causes
19an explosion that damages a structure or forest land shall be
20punished by imprisonment in a county jail for not more than six
21months, by imprisonment for 16 months, or two or three years,
22pursuant to subdivision (h) of Section 1170 of the Penal Code, by
23a fine not exceeding ten thousand dollars ($10,000), or by both
24imprisonment and that fine.
25(d) A person who extracts, or attempts to extract,
26Tetrahydrocannabinol or
other cannabinoids by means of solvent
27extraction from marijuana leaves, flowers, or stalks, and causes
28an explosion that results in damage to property is guilty of a
29misdemeanor, provided however, that this subdivision shall not
30apply in the instance when the explosion damages only the person’s
31own personal property, unless there is injury to another person, or
32another person’s structure, forest land, or property.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P5 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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