SB 930, as introduced, Berryhill. Arson.
Existing law defines the crime of aggravated arson, and makes a person guilty of that crime if the person has been previously convicted of arson on one or more occasions within the past 10 years, or if the fire caused damage to, or the destruction of 5 or more inhabited structures. Existing law, until January 1, 2014, made a person guilty of aggravated arson if the fire caused property damage and other losses in excess of $6,500,000, and specified the costs to be included in calculating property damages for purposes of that provision.
This bill would reenact that provision until January 1, 2019. By expanding the scope of an existing 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 451.5 of the Penal Code is amended to
2read:
(a) Any person who willfully, maliciously, deliberately,
4with premeditation, and with intent to cause injury to one or more
5persons or to cause damage to property under circumstances likely
6to produce injury to one or more persons or to cause damage to
7one or more structures or inhabited dwellings, sets fire to, burns,
8or causes to be burned, or aids, counsels, or procures the burning
9of any residence, structure, forest land, or property is guilty of
10aggravated arson if one or more of the following aggravating
11factors exists:
12(1) The defendant has been previously convicted of arson on
13one or more occasions within the past 10 years.
14(2) (A) The fire caused property damage and other
losses in
15excess of six million five hundred thousand dollars ($6,500,000).
16(B) In calculating the total amount of property damage and other
17losses under subparagraph (A), the court shall consider the cost of
18fire suppression. It is the intent of the Legislature that this
19paragraph be reviewed within five years to consider the effects of
20inflation on the dollar amount stated herein.begin delete For that reason, this
21paragraph shall remain in effect until January 1, 2014, and as of
22that date is repealed, unless a later enacted statute, which is enacted
23before January 1, 2014, deletes or extends that date.end delete
24(3) The fire caused damage to, or the destruction of, five or
25more inhabited structures.
26(b) Any person who is convicted under subdivision (a)
shall be
27punished by imprisonment in the state prison for 10 years to life.
28(c) Any person who is sentenced under subdivision (b) shall not
29be eligible for release on parole until 10 calendar years have
30elapsed.
31(d) This section shall remain in effect only until January 1, 2019,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2019, deletes or extends that date.
Section 451.5 is added to the Penal Code, to read:
(a) Any person who willfully, maliciously, deliberately,
2with premeditation, and with intent to cause injury to one or more
3persons or to cause damage to property under circumstances likely
4to produce injury to one or more persons or to cause damage to
5one or more structures or inhabited dwellings, sets fire to, burns,
6or causes to be burned, or aids, counsels, or procures the burning
7of any residence, structure, forest land, or property is guilty of
8aggravated arson if either of the following aggravating factors
9exists:
10(1) The defendant has been previously convicted of arson on
11one or more occasions within the past 10 years.
12(2) The fire caused damage to, or the destruction of,
five or
13more inhabited structures.
14(b) Any person who is convicted under subdivision (a) shall be
15punished by imprisonment in the state prison for 10 years to life.
16(c) Any person who is sentenced under subdivision (b) shall not
17be eligible for release on parole until 10 calendar years have
18elapsed.
19(d) This section shall become operative on January 1, 2019.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:
33In order to restore a valuable deterrent to arson-caused fires and
34convict dangerous arsonists who cause extensive property damage
35and pose an immediate threat to public safety, it is necessary that
36this act take effect immediately.
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