BILL ANALYSIS
AB 27
Page 1
ASSEMBLY THIRD READING
AB 27 (Jeffries)
As Introduced December 1, 2008
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Furutani, Gilmore, Hill, | | |
| |Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+---------------------------|
| | | | |
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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; or,
c) The fire caused damage to, or the destruction of, five
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or more inhabited structures.
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.
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.
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.
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.
6)Provides that arson of property is a felony, punishable by
imprisonment in the state prison for 16 months, 2 or 3 years.
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; or,
e) The defendant committed arson by use of a device
designed to accelerate the fire, or delay ignition.
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.
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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
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; and,
d) Unlawfully causing a fire of property is a misdemeanor.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential General Fund costs for increased state
prison terms. Based on the five offenders who received
10-year-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, could exceed $500,000.
COMMENTS : 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
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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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001115