Bill Text: CA AB27 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Arson: aggravated: punishment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 71, Statutes of 2009. [AB27 Detail]

Download: California-2009-AB27-Chaptered.html

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BILL NUMBER: AB 27	CHAPTERED
	BILL TEXT

	CHAPTER  71
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JULY 9, 2009
	PASSED THE ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member Jeffries

                        DECEMBER 1, 2008

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 27, Jeffries. Arson: aggravated: punishment.
   Existing law defines the crime of aggravated arson, and makes a
person guilty of that crime if the fire caused property damage and
other losses in excess of $5,650,000. Existing law specifies costs to
be included in calculating property damage for purposes of these
provisions and states legislative intent to review the property
damage threshold in light of inflation within 5 years. Existing law
repeals the provisions relating to property damage on January 1,
2010.
   This bill would increase the amount of damage required for a
person to be guilty of aggravated arson from $5,650,000 to $6,500,000
and extend the repeal date for the provisions relating to property
damage until January 1, 2014.
   By extending the operative effect of an existing crime, this bill
would create 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.


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.
   (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.