BILL NUMBER: SB 507	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Cannella

                        FEBRUARY 21, 2013

   An act to amend  Section   Sections 451.1 and
 451.5 of the Penal Code, relating to arson.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 507, as amended, Cannella. Arson: commercial livestock farms.

   Existing law specifies a 3-, 4-, or 5-year enhancement for a
felony conviction of arson in specified circumstances, including
previous convictions for arson or aggravated arson or when a
firefighter, peace officer, or other emergency personnel suffered
great bodily injury as a result of the offense.  
   This bill would authorize the enhancement to be imposed if the
fire was set with the intent to disrupt the commercial operations of
an animal feeding operation, an animal feedlot, or livestock
salesyard. 
   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
an animal feeding operation, animal feedlot, or livestock salesyard.
Because this bill would expand the scope of  a crime
  existing crimes , 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 451.1 of the   Penal
Code   is amended to read: 
   451.1.  (a) Notwithstanding any other law,  any 
 a  person who is convicted of a felony violation of Section
451 shall be punished by a three-, four-, or five-year enhancement
if one or more of the following circumstances is found to be true:
   (1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
   (2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (4) The defendant proximately caused multiple structures to burn
in  any   a  single violation of Section
451.
   (5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition. 
   (6) The fire was set with the intent to disrupt the commercial
operations of an animal feeding operation, an animal feedlot, or
livestock salesyard. 
   (b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of  any   a 
fact required under this section shall be alleged in the accusatory
pleading and either admitted by the defendant in open court or found
to be true by the trier of fact.
   SECTION 1.   SEC. 2.   Section 451.5 of
the Penal Code is amended to read:
   451.5.  (a) A 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 a
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. 
   (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 an animal feeding operation, an animal feedlot, or
livestock salesyard.
   (b) A person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
   (c) A person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.
   SEC. 2.   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.