BILL ANALYSIS �
AB 2177
Page 1
Date of Hearing: April 17, 1012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2177 (Valadao) - As Amended: March 29, 2012
SUMMARY : Adds an agricultural facility in which the primary
purpose is the raising, growing, and caring for livestock in
confinement to the list of places which make it a felony to
ignite a destructive device or commit arson for the purpose of
terrorizing another.
EXISTING LAW :
1)Any person that who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive, or commits
arson in or about a health care facility, library, place of
worship, abortion facility, courthouse, probation department,
school, or any property that is targeted as a hate crime, for
the purpose of terrorizing another is guilty of a felony
punishable by imprisonment in a county jail for three, five,
or seven years, and a fine not exceeding $10,000. (Penal Code
Section 11413.)
2)Provides that unlawful possession of a destructive device is a
public nuisance. Any unlawful destructive device shall be
surrendered to the Department of Justice (DOJ) and the DOJ
shall destroy such destructive device so as to render it
unusable and unrepairable as a destructive device. (Penal
Code Section 19000.)
3)Defines a "destructive device" as specified bombs, grenades,
or projectiles and rockets containing any explosive,
incendiary material, or chemical substance, including tracer
or incendiary ammunition. Possession of a destructive device
is an alternate felony-misdemeanor. Possession of materials
with the intent to make an explosive or destructive device is
a felony, punishable by two, three, or four years in state
prison. (Penal Code Section16460.)
4)Defines an "explosive" as any substance, the primary or common
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purpose of which is detonation or rapid combustion, and which
is capable of relatively instantaneous or rapid release of gas
and heat. "Explosives" include, but are not limited to,
explosives specified in federal law and such substances as
dynamite, nitroglycerine, black powder, and blasting caps.
(Health and Safety Code Section 12000.)
5)Provides that any person who carries or places an explosive or
destructive device on any vessel, aircraft, car, vehicle that
transports passengers for hire, or in any baggage checked with
a common carrier, is guilty of a felony, punishable by two,
four, or six years in state prison. (Penal Code Section
18725.)
6)Provides that any person who recklessly or maliciously
possesses any destructive device or explosive on a public
street or highway, in or near any theater, hall, school,
college, church, hotel, public building, aircraft, railway
passenger car, vessel carrying passengers for hire, or other
public place ordinarily passed by human beings is guilty of a
felony, punishable by two, four, or six years in state prison.
(Penal Code Section 18715.)
7)Provides that any person who possesses, explodes, ignites or
attempts such conduct with a destructive device or explosive,
with the intent to injure, intimidate, terrify, or destroy
property is guilty of a felony, punishable by three, five, or
seven years in state prison. (Penal Code Section 18740.)
8)Provides that any person, firm, or corporation that sells,
offers for sale, or knowingly transports any destructive
device, as specified, is guilty of a felony, punishable by
two, three, or four years in state prison. (Penal Code
Section 18730.)
9)Provides for the following penalties for exploding or igniting
any destructive device:
a) If there is bodily injury to any person, five, seven, or
nine years in state prison (Penal Code Section 18750);
b) With the intent to commit murder, life in prison with
the possibility of parole (Penal Code Section 18745);
c) If there is mayhem or great bodily injury, life in
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prison �Penal Code Section 18755(b)]; and,
d) Causing the death of any person, life in prison without
the possibility of parole �Penal Code Section 18755(a)].
10)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.)
11)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).]
12)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).]
13)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).]
14)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).]
15)Provides that arson of property is a felony, punishable by
imprisonment in the state prison for 16 months, 2 or 3 years.
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�Penal Code Section 451(d).]
16)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; and
e) The defendant committed arson by use of a device
designed to accelerate the fire, or delay ignition. (Penal
Code Section 451.1.)
17)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
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.)
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18)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, "AB 2177 would
add livestock facilities to the current list of facilities
established under the California Penal Code that are commonly
targeted by those seeking to commit hate crimes or engage in
acts of terror. Violent attacks on livestock facilities
undoubtedly fit within the same scope and criteria used to
identify facilities already defined under the code and are
consistent with the legislative intent for a felony charge.
We must live in a society that is safe for all and must not
tolerate hate crimes and violence. AB 2177 is a step in the
right direction to protect agricultural facilities."
2)Argument in Support : According to the California Cattlemen's
Association, "The California Cattlemen's Association is proud
to sponsor AB 2177, which would add livestock facilities to a
current list of facilities established under California Penal
Code that are commonly targeted by terrorist to promote fear
while violently pursuing the adoption of radical agendas. An
individual convicted of attacking a facility defined under
�11413 of the California Penal Code is guilty of a felony
punishable by incarceration for three, five or seven years.
Similar facilities already on this list include abortion
clinics, places of worship, probation offices and other
facilities that have been targeted by terrorist seeking to
disrupt of legal activities through arson or the explosion of
a destructive device.
"Like other terrorist organizations and groups who seek to
promote a specific agenda through violence, agro-terrorists
seek to disrupt and destroy the ability of farmers and
ranchers to produce food and fiber for our communities based
on an extremist belief that animals should not be raised for
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food. This not only represents a safety threat for farmers
and ranchers, but poses a significant threat to public by
severely weakening food safety and presenting an extreme risk
to bio-security.
"The use of violence by agri-terrorist against those who raise
and produce livestock for food and fiber is not new.
Unfortunately, Californians were recently reminded of the real
threat posed by agri-terrorists by an attack that occurred at
a California beef cattle feedlot in January. The attack
resulted I significant property damage, the complete
destruction of 14 semi-trucks and trailers valued at millions
of dollars and could have resulted in the loss of life should
the attack occurred on any other day. The Animal Liberation
Front (ALF), a known agri-terrorist organization who condones
violent attacks against farmers and ranchers who raise
livestock, claimed that the organization knew of the attack
and supported its goals and objectives. A press release
issued by the ALF following the attack concluded with the
threatening statement; '?until next time?'."
REGISTERED SUPPORT / OPPOSITION :
Support
California Cattlemen's Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744