Amended in Senate August 31, 2015

Amended in Senate July 16, 2015

Amended in Assembly May 4, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 849


Introduced by Assembly Member Bonilla

February 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 849, as amended, Bonilla. 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 felonybegin delete punishable, as specified,end deletebegin insert punishable by incarcerationend insert for 2, 4, or 6 years,begin insert as specified,end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 452.5 is added to the Penal Code, to read:

2

452.5.  

(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.

9(c) If the explosion described in subdivision (a) causes damages
10in the amount of twenty thousand dollars ($20,000) or more to any
11structure in which a person was present at the time of the offense
12or to an inhabited dwelling, the offense is a felony punishable
13 pursuant to subdivision (h) of Section 1170, or a misdemeanor
14punishable by imprisonment in a county jail for up to one year.

15(d) If the explosion described in subdivision (a) causes damages
16in the amount of two thousand dollars ($2,000) or more, but less
17than twenty thousand dollars ($20,000), to any structure in which
18a person was present at the time of the offense or to an inhabited
19dwelling, the offense is a misdemeanor punishable by
20imprisonment in a county jail for up to one year.

21(e) The court may not impose sentence pursuant to subdivision
22(b) and an enhancement for infliction of great bodily injury if the
23same injury is an element of the crime and the basis for the
24enhancement.

P3    1(f) For purposes of this section, the amount of damages caused
2by the defendant’s conduct is determined by the market cost of
3repair or replacement in the place where the offense occurred.

4(g) begin deleteFor purposes of this section, “inhabited” end deletebegin insertAs used in this
5section:end insert

begin insert

6(1) “Explosion” means the sudden conversion of potential
7energy, either chemical or mechanical, into kinetic energy with
8the production and release of gases under pressure, or the release
9of gas under pressure, which results in these high pressure gases
10doing mechanical work such as moving, changing, or shattering
11nearby materials.

end insert

12begin insert(2)end insertbegin insertend insertbegin insert“Inhabited”end insert means currently being used for dwelling
13purposes, whether occupied or not occupied.

14(h) A misdemeanor charged under this section is subject to a
15civil compromise pursuant to Chapter 7 (commencing with Section
161377) of Title 10 of Part 2.

17(i) This section does not prohibit prosecution under any other
18begin delete law.end deletebegin insert law, provided, however, that a person shall not be punished
19for a violation of both this section and Section 452 if the offenses
20arise from the same conduct. end insert

21

SEC. 2.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



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