BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 930
                                                                  Page  1

          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  SB 930 (Berryhill) - As Amended:  March 28, 2014 

          Policy Committee:                             Public  
          SafetyVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill extends the January 1, 2014 sunset on the state's  
          aggravated arson damage threshold to January 1, 2019, and  
          increases the threshold amount of property damage required from  
          $6.5 million to $7 million, pursuant to the intent of the  
          underlying statute to adjust the amount for inflation every five  
          years. 

           FISCAL EFFECT  

          Potentially significant annual GF costs for increased state  
          prison terms. Based on the three offenders in the four years  
          before the sunset of the aggravated arson property damage  
          threshold who received 10 years-to-life terms under the section  
          addressed by this bill, if, by extending the sunset, one person  
          per year receives a 10-to-life aggravated arson sentence for  
          damage exceeding $7 million, the annual cost in 12 years,  
          assuming an average 12-year term, would exceed $400,000.  

           COMMENTS  

           1)Rationale  . The author contends the excessive damage factor for  
            aggravated arson is an important law enforcement tool in the  
            fight against arson.  

           2)Current law  , prior to the 2014 sunset of the financial  
            threshold for aggravated arson, provides that any person who  
            deliberately, 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  








                                                                  SB 930
                                                                  Page  2

            fire to any residence or structure, is guilty of aggravated  
            arson, punishable by 10-years-to-life in state prison if one  
            or more of the following aggravating factors exist: 

             a)   The defendant was previously convicted of arson within  
               the past 10 years.
             b)   The fire caused property damage and other losses in  
               excess of $6.5 million. 
             c)   The fire caused damage to, or destruction of, five or  
               more inhabited structures. 

          3)Current law also states legislative intent that property  
            damage provisions sunset within five years to allow the  
            Legislature to consider inflation adjustments. 

           4)Prior Legislation  .
             a)   AB 27 (Jeffries), Statutes of 2009, extended the sunset  
               on the threshold damage provisions for aggravated arson to  
               January 1, 2014 and increased the threshold from $5.65  
               million to $6.5 million.

             b)   AB 1907 (Pacheco), Statutes of 2004, extended the sunset  
               on the threshold damage provisions of the aggravated arson  
               statute until January 1, 2010 and increased the threshold  
               damage amount from $5 million to $5.65 million. 


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081