BILL ANALYSIS
AB 27
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Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 27 (Jeffries) - As Introduced: December 1, 2008
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill extends the January 1, 2010 sunset date to January 1,
2014 on the threshold damage provisions of the aggravated arson
statute, and adjusts the amount, per legislative intent
contained in the underlying statute, from $5.6 million to $6.5
million, based on the U.S. Department of Labor CPI calculator
and assuming a 2% increase for 2010 and 2011.
FISCAL EFFECT
Potentially significant annual GF costs for increased state
prison terms. Based on the five offenders who received 10
years-to-life terms under the section addressed by this bill
over the past five years, if, by extending the sunset on the
aggravated arson excessive damage provision, one person per year
receives a 10-to-life aggravated arson sentence for damage
exceeding $6.5 million, the annual cost in 12 years, assuming an
average 12-year term, would exceed $500,000.
COMMENTS
1)Rationale . The author contends the excessive damage factor for
aggravated arson is an important law enforcement tool in the
fight against arson.
2)Current law provides that any person who deliberately, with
intent to cause injury to one or more persons, or 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 any
residence or structure, is guilty of aggravated arson,
AB 27
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punishable by 10-years-to-life in state prison if one or more
of the following aggravating factors exist:
a) The defendant was previously convicted of arson 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 destruction of, five or
more inhabited structures.
3)Current law also states legislative intent that property
damage provisions sunset within five years to allow the
Legislature to consider inflation adjustments.
4)Prior Legislation .
a) AB 1995 (Jeffries, 2008) was identical to this bill. As
originally introduced, AB 1995 did not index the threshold
amount for inflation. The author accepted a recommendation
from this committee to index the threshold amount for
inflation, per the intent of the underlying statute. The
indexed amount is included in AB 27. AB 1995 was held by
the Senate Appropriations Committee.
b) AB 1907 (Pacheco), Chapter 135, Statutes of 2004,
extended, by unanimous votes, the sunset on the threshold
damage provisions of the aggravated arson statute until
January 1, 2010 and increased the threshold damage amount
from $5 million to $5.65 million.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081