BILL ANALYSIS
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THIRD READING
Bill No: AB 27
Author: Jeffries (R)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/23/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 6/1/09 - See last page for vote
SUBJECT : Aggravated arson: monetary loss threshold
SOURCE : Author
DIGEST : This bill sets the monetary loss threshold for
aggravated arson at $6,500,000 to reflect the effects of
inflation, and includes a 2014 sunset in the law to review
the effects of inflation at that time.
ANALYSIS : Existing law defines the crime of aggravated
arson, and makes a person guilty of that crime if the fire
caused property damage and other losses in excess of
$5,650,000. Existing law specifies costs to be included in
calculating property damage for purposes of these
provisions and states legislative intent to review the
property damage threshold in light of inflation within five
years. Existing law repeals the provisions relating to
CONTINUED
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property damage on January 1, 2010.
This bill increases the amount of damage required for a
person to be guilty of aggravated arson from $5,650,000 to
$6,500,000, and extends the repeal date for the provisions
relating to property damage until January 1, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/30/09)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Fire Chiefs Association
Fire Districts Association of California
League of California Cities
Riverside Sheriffs' Association
Sheriff-Coroner of San Bernardino County
ARGUMENTS IN SUPPORT : According to the author:
"Penal Code section 451.5 states that aggravated arson is
caused by a person, "who willfully, maliciously,
deliberately, with premeditation, and 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, burns,
or causes to be burned, or aids, counsels, or procures
the burning of any residence, structure, forest land, or
property.
"A person is guilty of aggravated arson if any of the
following apply: the person has a previous arson
conviction within the past 10 years; if the fire caused
damage to or the destruction of, five or more inhabited
structures; or, the fire caused property damage and other
losses in excess of five million six hundred fifty
thousand dollars ($5,650,000). The costs of fire
suppression are included in this monetary limit.
"Unfortunately, the $5,600,000 monetary thresholds for
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aggravated arson are scheduled to sunset and be
eliminated in 2010. Without legislative action, law
enforcement authorities will lose an important tool in
bringing arsonists to justice.
"AB 1995 will extend the sunset provision found in Penal
Code Section 451.5 (B) from January 1, 2010, to January
1, 2014. This bill will adjust for inflation fire damage
thresholds which are important and necessary to convict
dangerous arsonists and to keep the public safe. Without
this bill, law enforcement authorities will no longer be
able to prosecute suspected arsonists for aggravated
arson based on monetary damage limits."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
RJG:mw 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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