BILL ANALYSIS
AB 27
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Date of Hearing: March 17, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 27 (Jeffries) - As Introduced: December 1, 2008
SUMMARY : Extends the sunset date until January 1, 2014 on the
threshold amount of property damage required under provisions of
the aggravated arson statute, and increases the amount of damage
required from $5.65 million to $6.5 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 the 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 $5.65 million.
c) The fire caused damage to, or the destruction of, five
or more inhabited structures. (Penal Code Section 451.5.)
2)States legislative intent that property damage provisions be
reviewed within five years to consider to consider the effects
of inflation on the dollar amount therein. For that reason,
these provisions shall only remain in effect until January 1,
2010. [Penal Code Section 451(a)(2)(B).]
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. [Penal Code Section 451(a).]
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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. [Penal Code Section
451(b).]
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. [Penal Code Section 451(c).]
6)Provides that arson of property is a felony, punishable by
imprisonment in the state prison for 16 months, 2 or 3 years.
[Penal Code Section 451(d).]
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 defendant proximately caused multiple structures to
burn.
e) The defendant committed arson by use of a device
designed to accelerate the fire, or delay ignition. (Penal
Code Section 451.1.)
8)Provides that a person is guilty of unlawfully causing a fire
when he or she recklessly sets fire to or causes to be burned
any structure, forestland, or property.
a) Unlawfully causing a fire that causes great bodily
injury is a felony, punishable by imprisonment in the state
prison for two, four, or six years; by imprisonment in the
county jail not to exceed one year; by a fine; or by both
imprisonment and a fine.
b) Unlawfully causing a fire that causes an inhabited
structure or property to burn is a felony, punishable by
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imprisonment in the state prison for two, three, or four
years; by imprisonment in the county jail not to exceed one
year; by a fine; or by both imprisonment and a fine.
c) Unlawfully causing a fire of a structure or forestland
is a felony punishable by imprisonment in the state prison
for 16 months, 2 or 3 years; by imprisonment in the county
jail not to exceed one year; by a fine, or by both
imprisonment and a fine.
d) Unlawfully causing a fire of property is a misdemeanor.
(Penal Code Section 452.)
9)Provides that possession of an incendiary with the intent to
set a fire is punishable by one year in the county jail or by
16 months, 2 or 3 years in the state prison. (Penal Code
Section 453.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California's
aggravated arson statute is due to sunset on January 1, 2010.
This important statute provides law enforcement and
prosecutors a valuable tool to deal with the most dangerous
arsonists in California. Aggravated arsons are those which
are intended to cause great bodily injury or damage to
structures, which cause more than $5.65 million, or were
committed by a recidivist arsonist. In 2003, the Legislature
unanimously approved extending the sunset of the aggravated
arson statute until 2010. During this time, our office is
unaware of any law enforcement or prosecutor's office misusing
this statute to unjustly prosecute a defendant. The
Legislature must not allow this important law enforcement tool
to sunset. For these reasons, I have introduced this bill
which extends the sunset date on California's aggravated arson
statute until January 1, 2014."
2)Prior Legislation :
a) AB 1907 (Pacheco), Chapter 135, Statutes of 2004,
extended the sunset on the threshold damage provisions of
the aggravated arson statute until January 1, 2010 and
increased the threshold amount of property damage from $5
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million to $5.65 million.
b) 1995 (Jeffries), of the 2007-08 Legislative Session, was
identical to this bill in that AB 1995 extended the sunset
date on the threshold damage provisions until January 1,
2014, and increased the threshold amount of property damage
from $5.65 million to $6.5 million. AB 1995 was held under
submission in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
Friends Committee on Legislation
League of California Cities
Opposition
None received
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744