BILL ANALYSIS �
AB 2177
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2177 (Valadao) - As Amended: March 29, 2012
Policy Committee: Public Safety
Vote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill adds an agricultural facility, in which the primary
purpose is the caring of livestock, to the list of places that
that make it a felony, punishable by 3, 5, or 7 years in state
prison, to ignite a destructive device or commit arson for the
purpose of terrorizing.
FISCAL EFFECT
Unknown costs for increased incarceration. It does not appear
that anyone was sentenced under this Penal Code Section the past
three years, so this proposed addition to the statute is not
likely to create significant costs. To the extent this proposed
new felony charge is used, however, it could serve as a second
or third strike, which would create moderate out-year GF costs
even in isolated cases.
COMMENTS
1)Rationale . The author and sponsor, the California Cattlemen's
Association contend livestock facilities merit the same
protection against terror as churches, temples, bookstores and
libraries, schools, and abortion and medical clinics.
According to the author, "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."
The Cattlemen's Association states, "Like other terrorist
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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 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 in 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."
2)Current law:
a) Specifies any person who explodes, ignites, or attempts
to explode or ignite any destructive device or 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
for three, five, or seven years, and/or a fine not
exceeding $10,000.
b) Provides for a series of severe penalties for possessing
an explosive device (two, three or four years), possessing
with intent to injure (3, 5, or 7 years), causing injury
(5, 7, or 9 years), causing great bodily injury (life); for
arson of property (16 months, 2, or 3 years), arson of an
inhabited structure (3, 5, or 8 years); arson that causes
great bodily injury (5, 7, or 9 years); and enhancements
for priors and various circumstances.
3)Need and efficacy . It is not clear why adding livestock
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facilities to the terrorizing statute is necessary, as current
law appears to offer sufficient penalties for arson and
explosive devices, and the statute to which this bill would
add is rarely used.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081