BILL NUMBER: SB 1309 ENROLLED 08/31/94
BILL TEXT
PASSED THE SENATE AUGUST 31, 1994
PASSED THE ASSEMBLY AUGUST 30, 1994
AMENDED IN ASSEMBLY AUGUST 26, 1994
AMENDED IN ASSEMBLY AUGUST 22, 1994
AMENDED IN ASSEMBLY AUGUST 10, 1994
AMENDED IN SENATE MAY 17, 1994
AMENDED IN SENATE MAY 2, 1994
AMENDED IN SENATE APRIL 7, 1994
INTRODUCED BY Senator Craven
JANUARY 14, 1994
An act to amend Sections 451, 454, and 1203.06 of, and to add
Sections 451.1, 451.5, and 452.1 to, the Penal Code, relating
to arson, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1309, Craven. Arson.
(1) Existing law prescribes penalties for arson.
This bill would provide that any person who willfully,
maliciously, deliberately, with premeditation, and with
specified intent, 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 any specified aggravating factors exists
and shall be punished by imprisonment in the state prison for
10 years to life.
Existing law also provides that, if the person was previously
convicted of arson of a structure or forest land and the prior
conviction is charged in the accusatory pleading and admitted by
the defendant or found to be true by the trier of fact, in
addition and consecutive to the punishment prescribed for the
felony of which he or she has been convicted, the person shall
be punished by an additional term of imprisonment in the state
prison for 1, 2, or 3 years.
The bill would instead provide that notwithstanding any other
law, any person who is convicted of any specified felony arson
violation shall be punished by a 3-, 4-, or 5-year enhancement
if one or more of any specified circumstances is found to be
true.
(2) Existing law provides that any person who unlawfully
causes a fire is guilty of a misdemeanor or a felony, depending
on the circumstances of the crime.
This bill would prescribe a 1-, 2-, or 3-year enhancement for
a felony conviction under these provisions, if one or more of
any specified circumstances is found to be true.
(3) Existing law provides that probation shall not be granted
to, nor shall the execution or imposition of sentence be
suspended for, specified felony offenses.
This bill would include, among other offenses, aggravated
arson within this prohibition.
(4) The bill would declare that it is to take effect
immediately as an urgency statute.
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 willfully
and maliciously sets fire to or burns or causes to be burned or
who aids, counsels, or procures the burning of, any 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 three years. For
purposes of this paragraph, arson of property does not include
one burning or causing to be burned his or her 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 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
sentence imposed shall be consecutive to the sentence for which
the person was then confined.
SEC. 2. Section 451.1 is added to the Penal Code, to read:
451.1. (a) Notwithstanding any other law, any 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 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.
(b) The additional term specified in subdivision (a) shall
not be imposed unless the existence of any 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.
SEC. 3. Section 451.5 is added to the Penal Code, 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 five million dollars ($5,000,000).
(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
only until January 1, 1999, and as of that date is repealed,
unless a later enacted statute, which is enacted before January
1, 1999, 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. 4. Section 452.1 is added to the Penal Code, to read:
452.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished
by a one-, two-, or three-year enhancement for each of the
following circumstances that 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 452.
(3) The defendant proximately caused great bodily injury to
more than one victim in any single violation of Section 452.
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 452.
(4) The defendant proximately caused multiple structures to
burn in any single violation of Section 452.
(b) The additional term specified in subdivision (a) of
Section 452.1 shall not be imposed unless the existence of any
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.
SEC. 5. Section 454 of the Penal Code is amended to read:
454. (a) Every person who violates Section 451, 452, or
subdivision (b) of Section 453 during and within an area of any
of the following, when proclaimed by the Governor, shall be
punished by imprisonment in the state prison, as specified in
subdivision (b):
(1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
(2) A state of emergency pursuant to Section 8625 of the
Government Code.
(b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or
nine years. All other persons who are described in subdivision
(a) shall be punished by imprisonment in the state prison for
three, five, or seven years.
(c) Probation shall not be granted to any person who is
convicted of violating this section, except in unusual cases
where the interest of justice would best be served.
SEC. 6. Section 1203.06 of the Penal Code is amended to read:
1203.06. Notwithstanding the provisions of Section 1203:
(a) Probation shall not be granted to, nor shall the
execution or imposition of sentence be suspended for, any of the
following persons:
(1) Any person who personally used a firearm during the
commission or attempted commission of any of the following
crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207 or 209.5.
(D) Kidnapping for ransom, extortion, or robbery, in
violation of Section 209.
(E) Burglary of the first degree, as defined in Section 460.
(F) Except as provided in Section 1203.065, rape in violation
of subdivision (2) of Section 261.
(G) Assault with intent to commit rape or sodomy, in
violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(I) A felony violation of Section 136.1 or 137.
(J) Carjacking, in violation of Section 215.
(2) Any person previously convicted of a felony specified in
subparagraphs (A) to (H), inclusive, or subparagraph (J), of
paragraph (1), or assault with intent to commit murder under
former Section 217, who is convicted of a subsequent felony and
who was personally armed with a firearm at any time during its
commission or attempted commission or was unlawfully armed with
a firearm at the time of his or her arrest for the subsequent
felony.
(3) Aggravated arson, in violation of Section 451.5.
(b) (1) The existence of any fact which would make a person
ineligible for probation under subdivision (a) shall be alleged
in the accusatory pleading, and either admitted by the defendant
in open court, or found to be true by the jury trying the issue
of guilt or by the court where guilt is established by plea of
guilty or nolo contendere or by trial by the court sitting
without a jury.
(2) This subdivision does not prohibit the adjournment of
criminal proceedings pursuant to Division 6 (commencing with
Section 6000) of the Welfare and Institutions Code.
(3) As used in subdivision (a) "used a firearm" means to
display a firearm in a menacing manner, to intentionally fire
it, or to intentionally strike or hit a human being with it.
(4) As used in subdivision (a) "armed with a firearm" means
to knowingly carry a firearm as a means of offense or defense.
SEC. 7. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall
go into immediate effect. The facts constituting the necessity
are:
In order to establish a meaningful deterrent to the increase
in the incidence of arson throughout the state and to reduce the
devastation created therefrom, it is necessary that this act
take effect immediately.