Bill Text: CA SB930 | 2013-2014 | Regular Session | Chaptered
Bill Title: Arson.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State. Chapter 481, Statutes of 2014. [SB930 Detail]
Download: California-2013-SB930-Chaptered.html
BILL NUMBER: SB 930 CHAPTERED
BILL TEXT
CHAPTER 481
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE MAY 28, 2014
PASSED THE ASSEMBLY AUGUST 19, 2014
AMENDED IN SENATE MARCH 28, 2014
INTRODUCED BY Senator Berryhill
(Coauthors: Senators Anderson, Gaines, and Nielsen)
(Coauthor: Assembly Member Bigelow)
FEBRUARY 3, 2014
An act to amend, repeal, and add Section 451.5 of the Penal Code,
relating to arson, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 930, 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, and
would increase the requisite amount of property damage and other
losses to $7,000,000. 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.
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 seven million dollars ($7,000,000).
(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.
(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(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.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. Section 451.5 is added to the Penal Code, 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 either 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) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(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.
(d) This section shall become operative on January 1, 2019.
SEC. 3. 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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to restore a valuable deterrent to arson-caused fires and
convict dangerous arsonists who cause extensive property damage and
pose an immediate threat to public safety, it is necessary that this
act take effect immediately.
