BILL NUMBER: SB 1302	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2012

INTRODUCED BY   Senator Cannella

                        FEBRUARY 23, 2012

   An act to amend Section 451.5 of the Penal Code, relating to
arson.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1302, as amended, Cannella. Arson: commercial livestock farms.
   Existing law creates the crime of aggravated arson, and, in
pertinent part, makes a person guilty of that crime if he or she
willfully, maliciously, deliberately, with premeditation, and with
intent to cause injury to a person or cause damage to a property
under circumstances likely to produce injury or damage, sets fire to
or burns a structure, forest land, or property if one of specified
aggravating factors exist, including that the property damage or
other losses exceed $6,500,000.
   This bill would specify that an aggravating factor exists if the
fire was set with the intent to disrupt the commercial operations of
 a feedlot   an animal feeding operation, animal
feedlot,  or livestock salesyard, and the fire caused damage in
excess of $100,000. Because this bill would expand the scope of a
crime, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 451.5 of the Penal Code is amended to read:
   451.5.  (a) Any 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 is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
   (1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
   (2) (A) The fire caused property damage and other losses in excess
of six million five hundred thousand dollars ($6,500,000).
   (B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect until January 1, 2014, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
   (3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
   (4) The fire was set with the intent to disrupt the commercial
operations of  a feedlot   an animal feeding
operation, animal feedlot,  or livestock salesyard, and caused
property damage and other losses in excess of one hundred thousand
dollars ($100,000).
   (b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
   (c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.