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SB-177 Arson.(2019-2020)

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Date Published: 01/28/2019 09:00 PM
SB177:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 177


Introduced by Senator Nielsen

January 28, 2019


An act to amend Section 451 of the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


SB 177, as introduced, Nielsen. Arson.
Under existing law, a person is guilty of arson if that person willfully and maliciously sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. Existing law makes arson a felony and sets various terms of punishment in the state prison depending on the different types of structures, land, or property to which the arson applies.
This bill would make technical, nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 451 of the Penal Code is amended to read:

451.
 A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a structure, forest land, or property.
(a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years.
(b) Arson that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years.
(c) Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years.
(d) Arson of property is a felony punishable by imprisonment in the state prison for 16 months, two, or two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that person’s own personal property unless there is an intent to defraud or there is injury to another person or another person’s structure, forest land, or property.
(e) In the case of any a person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any a sentence imposed shall be consecutive to the sentence for which the person was then confined.