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SB-507 Arson: commercial livestock farms.(2013-2014)

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SB507:v98#DOCUMENT

Amended  IN  Senate  April 16, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 507

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   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.