BILL NUMBER: AB 849	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 26, 2015

   An act to add Section 452.5 to the Penal Code, relating to
 crime.   crimes. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 849, as amended, Bonilla.  Unlawful cannabinoid
extraction: explosion.   Crimes: causing an explosion.
 
   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.  
   This 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.  
   The 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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law provides that the possession for sale, the
cultivation of, and the processing of, marijuana are felonies.
 
   This 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.  
   The 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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 452.5 is added to the 
 Penal Code   , to read:  
   452.5.  (a) A person who recklessly causes an explosion is guilty
of a public offense.
   (b) If the explosion described in subdivision (a) causes great
bodily injury to another person, the offense is a felony punishable
pursuant to subdivision (h) of Section 1170 for two, four, or six
years, or a misdemeanor punishable by imprisonment in a county jail
for up to one year.
   (c) If the explosion described in subdivision (a) causes damages
in the amount of twenty thousand dollars ($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
pursuant to subdivision (h) of Section 1170, or a misdemeanor
punishable by imprisonment in a county jail for up to one year.
   (d) If the explosion described in subdivision (a) causes damages
in the amount of two thousand dollars ($2,000) or more, but less than
twenty thousand dollars ($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.
   (e) The court may not impose sentence pursuant to subdivision (b)
and an enhancement for infliction of great bodily injury if the same
injury is an element of the crime and the basis for the enhancement.
   (f) For purposes of this section, the amount of damages caused by
the defendant's conduct is determined by the market cost of repair or
replacement in the place where the offense occurred.
   (g) For purposes of this section, "inhabited" means currently
being used for dwelling purposes, whether occupied or not occupied.
   (h) A misdemeanor charged under this section is subject to a civil
compromise pursuant to Chapter 7 (commencing with Section 1377) of
Title 10 of Part 2.
   (i) This section does not prohibit prosecution under any other
law. 
  SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 452.5 is added to the Penal
Code, to read:
   452.5.  (a) 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 causes great bodily injury shall be punished by
imprisonment in a county jail for not more than one year, by
imprisonment for two, four, or six years, pursuant to subdivision (h)
of Section 1170 of the Penal Code, by a fine not exceeding ten
thousand dollars ($10,000), or by both imprisonment and that fine.
   (b) 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 an inhabited structure or inhabited property
shall be punished by imprisonment in a county jail for not more than
one year, by imprisonment for two, three, or four years, pursuant to
subdivision (h) of Section 1170 of the Penal Code, by a fine not
exceeding ten thousand dollars ($10,000), or by both imprisonment and
that fine.
   (c) 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 a structure or forest land shall be punished
by imprisonment in a county jail for not more than six months, by
imprisonment for 16 months, or two or three years, pursuant to
subdivision (h) of Section 1170 of the Penal Code, by a fine not
exceeding ten thousand dollars ($10,000), or by both imprisonment and
that fine.
   (d) 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 results in damage to property is guilty of a
misdemeanor, provided however, that this subdivision shall not apply
in the instance when the explosion damages only the person's own
personal property, unless there is injury to another person, or
another person's structure, forest land, or property. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.