Today's Law As Amended


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SB-281 Crimes: aggravated arson.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 451.5 of the Penal Code, as amended by Section 1 of Chapter 619 of the Statutes of 2018, 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 any residence, structure, forest land, or property, is guilty of aggravated arson if either  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 damage to, or the destruction of, five or more  property damage and other losses in excess of ten million one hundred thousand dollars ($10,100,000), exclusive of damage to, or destruction of,  inhabited dwellings.
(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 dwellings.
(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.
(d) This section shall become operative on January 1, 2029. remain in effect only until January 1, 2029, and as of that date is repealed. 

SEC. 2.

 Section 451.5 of the Penal Code, as amended by Section 2 of Chapter 619 of the Statutes of 2018, 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 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 dwellings.
(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.
(d) This section shall become operative on January 1, 2029.
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.