Existing law, until January 1, 2019, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $7,000,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2019, deletes the aggravating factor of property damage and other losses in excess of $7,000,000 from the definition of aggravated arson.

This bill would extend the operation of the former aggravated arson offense until January 1, 2024, and would increase the threshold of property damage and other losses constituting an aggravating factor for aggravated arson to $8,300,000. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages or losses as an aggravating factor until January 1, 2024. By extending the operation of law defining a crime, this 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.

Existing law, until January 1, 2019, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $7,000,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2019, deletes the aggravating factor of property damage and other losses in excess of $7,000,000 from the definition of aggravated arson.

This bill would extend the operation of the former aggravated arson offense until January 1, 2024, and would increase the threshold of property damage and other losses constituting an aggravating factor for aggravated arson to $8,300,000. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages or losses as an aggravating factor until January 1, 2024. By extending the operation of law defining a crime, this 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.

Existing law, until January 1, 2019, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $7,000,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2019, deletes the aggravating factor of property damage and other losses in excess of $7,000,000 from the definition of aggravated arson.

This bill would extend the operation of the former aggravated arson offense until January 1, 2024, and would increase the threshold of property damage and other losses constituting an aggravating factor for aggravated arson to $7,300,000. $8,300,000. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages or losses as an aggravating factor until January 1, 2024. By extending the operation of law defining a crime, this 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.

Existing law, until January 1, 2019, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $7,000,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2019, deletes the aggravating factor of property damage and other losses in excess of $7,000,000 from the definition of aggravated arson.

This bill would extend the operation of the former aggravated arson offense until January 1, 2024, and would increase the threshold of property damage and other losses constituting an aggravating factor for aggravated arson to $7,300,000. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages or losses as an aggravating factor until January 1, 2024. By extending the operation of law defining a crime, this 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.

SENATE THIRD READING

STR Bill Id:SB 896

Author:(McGuire)

As Amended Ver:May 25, 2018

Majority vote

SENATE VOTE: 38-0

SUMMARY: Extends the sunset date until January 1, 2024 on the state's aggravated arson statute, and increases the threshold amount of property damage required from $7 million to $8.3 million.

EXISTING LAW:

1. Provides that any person who willfully, maliciously, or deliberately, with premeditation and with intent to cause injury to one or more persons, 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 any residence or structure is guilty of aggravated arson, punishable by 10-years-to-life in the state prison if one or more of the following aggravating factors exist:
   1. The defendant was previously convicted of arson on one or more occasions within the past 10 years.
   2. The fire caused property damage and other losses in excess of $7 million; or,
   3. The fire caused damage to, or the destruction of, five or more inhabited structures.
2. States legislative intent that property damage provisions be reviewed within five years to consider to consider the effects of inflation on the dollar amount therein. For that reason, these provisions shall only remain in effect until January 1, 2014.
3. Provides that arson that causes great bodily injury is a felony, punishable by imprisonment in the state prison for five, seven, or nine years.
4. Provides that arson of an inhabited dwelling or inhabited structure is a felony, punishable by imprisonment in the state prison for three, five, or eight years.
5. Provides that arson of a forestland or structure is a felony punishable by imprisonment in the state prison for two, four, or six years.
6. Provides that arson of property is a felony, punishable by imprisonment in the state prison for 16 months, two or three years.
7. Provides that any person convicted of arson shall be punished by a three, four, or five year enhancement if one or more of the following circumstances are found to be true:
   1. The defendant was previously convicted of felony arson;
   2. A peace officer, firefighter, or other emergency personnel suffered great bodily injury;
   3. The defendant proximately caused great bodily injury to more than one victim in a single incident;
   4. The defendants proximately caused multiple structures to burn; or,
   5. The defendants committed arson by use of a device designed to accelerate the fire, or delay ignition.
8. Provides that a person is guilty of unlawfully causing a fire when he or she recklessly sets fire to or causes to be burned any structure, forestland, or property:
   1. Unlawfully causing a fire that causes great bodily injury is a felony, punishable by imprisonment in the state prison for two, four, or six years, or by imprisonment in the county jail not to exceed one year, or by a fine, or by both imprisonment and a fine;
   2. Unlawfully causing a fire that causes an inhabited structure or property to burn is a felony, punishable by imprisonment in the state prison for two, three, or four years, or by imprisonment in the county jail not to exceed one year, or by a fine, or by both imprisonment and a fine;
   3. Unlawfully causing a fire of a structure or forestland is a felony punishable by imprisonment in the state prison for 16 months, two, or three years, or by imprisonment in the county jail not to exceed six months, or by a fine, or by both imprisonment and a fine; or,
   4. Unlawfully causing a fire of property is a misdemeanor.
9. Provides that possession of an incendiary with the intent to set a fire is punishable by 16 months, two or three years in a county jail, or in a county jail not exceeding one year.

FISCAL EFFECT: According to the Assembly Appropriations Committee, significant GF costs for CDCR to incarcerate inmates for a longer time if they are convicted of aggravated arson. For example, if two individuals are admitted to CDCR annually for aggravated arson and each serves eight years longer than they would have served for simple arson, CDCR's population will increase by 16 individuals once the full effects of this bill are experienced. Assuming the $30,000 out-of-state contract bed rate, this increase in the CDCR population will cost $480,000.

COMMENTS: According to the author, "California is facing a new reality. The size and scope of wildland fire events are getting worse and more destructive. The unprecedented devastation that occurred during the October firestorm in Northern California is now ranked as the most deadly and destructive in America, and the Thomas Fire in Southern California is now ranked as the largest wildland fire in our state’s history. These massive blazes, exacerbated by climate change, present a real and lasting threat to every corner of the Golden State.

"In 2016, Lake County suffered through the Clayton Fire that burned tens of thousands of acres south of Lower Lake and destroyed 300 structures, which included about 189 single-family homes. A Clearlake resident was arrested and has been charged with 17 counts of arson, including aggravated arson, for igniting the Clayton Fire and could be facing over 20 years in prison.

''SB 896 will ensure law enforcement maintain a valuable deterrent and a necessary penalty to arson-caused wildland fires.''

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004082

Date of Hearing: June 12, 2018

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 896

Author:(McGuire) – As Amended Ver:May 25, 2018

SUMMARY: Extends the sunset date until January 1, 2024 on the state's aggravated arson statute, and increases the threshold amount of property damage required from $7 million to $7.3 million.

EXISTING LAW:

1. Provides that any person who willfully, maliciously, or deliberately, with premeditation and with intent to cause injury to one or more persons, 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 any residence or structure is guilty of aggravated arson, punishable by 10-years-to-life in the state prison if one or more of the following aggravating factors exist:
   
   1. The defendant was previously convicted of arson on one or more occasions within the past 10 years.
      
   2. The fire caused property damage and other losses in excess of $7 million; or,
      
   3. The fire caused damage to, or the destruction of, five or more inhabited structures. (Pen. Code § 451.5.)
      
2. States legislative intent that property damage provisions be reviewed within five years to consider to consider the effects of inflation on the dollar amount therein. For that reason, these provisions shall only remain in effect until January 1, 2014. (Pen. Code, § 451.5 subd. (a)(2)(B).)
   
3. Provides that arson that causes great bodily injury is a felony, punishable by imprisonment in the state prison for five, seven, or nine years. (Pen. Code, § 451 subd, (a).)
   
4. Provides that arson of an inhabited dwelling or inhabited structure is a felony, punishable by imprisonment in the state prison for three, five, or eight years. (Pen. Code § 451 subd. (b).)
   
5. Provides that arson of a forestland or structure is a felony punishable by imprisonment in the state prison for two, four, or six years. (Pen. Code § 451 subd. (c).)
   
6. Provides that arson of property is a felony, punishable by imprisonment in the state prison for 16 months, two or three years. (Pen. Code § 451 subd. (d).)
   
7. Provides that any person convicted of arson shall be punished by a three, four, or five year enhancement if one or more of the following circumstances are found to be true:
   
   1. The defendant was previously convicted of felony arson;
      
   2. A peace officer, firefighter, or other emergency personnel suffered great bodily injury;
      
   3. The defendant proximately caused great bodily injury to more than one victim in a single incident;
      
   4. The defendants proximately caused multiple structures to burn; or,
      
   5. The defendants committed arson by use of a device designed to accelerate the fire, or delay ignition. (Pen. Code § 451.1.)
      
8. Provides that a person is guilty of unlawfully causing a fire when he or she recklessly sets fire to or causes to be burned any structure, forestland, or property:
   
   1. Unlawfully causing a fire that causes great bodily injury is a felony, punishable by imprisonment in the state prison for two, four, or six years, or by imprisonment in the county jail not to exceed one year, or by a fine, or by both imprisonment and a fine;
      
   2. Unlawfully causing a fire that causes an inhabited structure or property to burn is a felony, punishable by imprisonment in the state prison for two, three, or four years, or by imprisonment in the county jail not to exceed one year, or by a fine, or by both imprisonment and a fine;
      
   3. Unlawfully causing a fire of a structure or forestland is a felony punishable by imprisonment in the state prison for 16 months, two, or three years, or by imprisonment in the county jail not to exceed six months, or by a fine, or by both imprisonment and a fine; or,
      
   4. Unlawfully causing a fire of property is a misdemeanor. (Pen. Code § 452.)
      
9. Provides that possession of an incendiary with the intent to set a fire is punishable by 16 months, two or three years in a county jail, or in a county jail not exceeding one year. (Pen. Code § 453.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "California is facing a new reality. The size and scope of wildland fire events are getting worse and more destructive. The unprecedented devastation that occurred during the October firestorm in Northern California is now ranked as the most deadly and destructive in America, and the Thomas Fire in Southern California is now ranked as the largest wildland fire in our state’s history. These massive blazes, exacerbated by climate change, present a real and lasting threat to every corner of the Golden State.
   
   "In 2016, Lake County suffered through the Clayton Fire that burned tens of thousands of acres south of Lower Lake and destroyed 300 structures, which included about 189 single-family homes. A Clearlake resident was arrested and has been charged with 17 counts of arson, including aggravated arson, for igniting the Clayton Fire and could be facing over 20 years in prison.
   
   “SB 896 will ensure law enforcement maintain a valuable deterrent and a necessary penalty to arson-caused wildland fires.”
   
2. Recalculation of Monetary Threshold for Aggravated Arson: When the aggravated arson offense was enacted in 1995, the total amount of property damage and other losses was set at $5 million. Penal Code Section 451.5 stated, "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."
   
   The statute must be reviewed within five years and the property and other losses adjusted for inflation. Since 1995, the aggravated arson statute’s sunset has been extended and the threshold of damages has been increased four times. In its most recent sunset extension, the threshold was increased in 2009 from $6.5 million to $7 million in 2014 to account for inflation. This bill requires the threshold to be raised from $7 million to $7.3 million. According to the United States Department of Labor inflation calculator, $7 million in 2014 equates to $7.4 million in 2018.
   
3. Prior Legislation:
   
   1. SB 930 (Berryhill), Chapter 96, Statutes of 2014, extended the sunset date until January 1, 2019 on the state's aggravated arson statute, and increases the threshold amount of property damage required from $6.5 million to $7 million.
      
   2. AB 27 (Jeffries), Chapter 71, Statutes of 2009, extended the sunset date on the state's aggravated arson statute until January 1, 2010 and increased the threshold amount of property damage required from $5.65 million to $6.5 million.
      
   3. AB 1907 (Pacheco), Chapter 135, Statutes of 2004, extended the sunset date on the state's aggravated arson statute until January 1, 2010 and increased the threshold amount of required property damage from $5 million to $5.65 million.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Firefighters' Association (Sponsor)
California District Attorneys Association

California State Sheriffs' Association
California Police Chiefs Association
Lake County District Attorney's Office
Lake County Sheriff's Office
San Diego County District Attorney's Office
Sonoma County Board of Supervisors

Opposition

None

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744

Date of Hearing: June 27, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 896

Author:(McGuire) – As Amended Ver:May 25, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill extends the sunset date for one provision of the state’s aggravated arson statute, from January 1, 2019, to January 1, 2024. In addition, this bill increases the threshold amount of property damage for the crime of aggravated arson, from $7 million to $8.3 million.

FISCAL EFFECT:

Significant GF costs for CDCR to incarcerate inmates for a longer time if they are convicted of aggravated arson. For example, if two individuals are admitted to CDCR annually for aggravated arson and each serves eight years longer than they would have served for simple arson, CDCR’s population will increase by 16 individuals once the full effects of this bill are experienced. Assuming the $30,000 out-of-state contract bed rate, this increase in the CDCR population will cost $480,000.

COMMENTS:

1. Background. Under current law, three separate factors can result in an offender being guilty of aggravated arson. Two of these factors—a person being convicted of arson in the past 10 years or if the fire caused damage to five or more inhabited structures—are permanent provisions in law. The third factor that can result in an aggravated arson conviction is if the fire caused property damage in excess of a specified dollar amount. Currently, this dollar amount is set at $7 million. This third factor sunsets after five years. Existing statute specifies the Legislature’s intent to reenact the provisions of the aggravated arson law with updated dollar amounts to reflect inflation.
2. Purpose. This bill reenacts the factor for aggravated arson if the fire caused property damage in excess of a specified dollar amount, increases the amount to reflect inflation, and establishes a new sunset date five years later, consistent with prior legislative intent. According to the author, “SB 896 will ensure law enforcement maintain a valuable deterrent and a necessary penalty to arson-caused wildland fires.”
3. Prior legislation.

SB 930 (Berryhill), Chapter 96, Statutes of 2014, extended the sunset date of the state's aggravated arson statute until January 1, 2019 and increased the threshold amount of property damage required from $6.5 million to $7 million.

AB 27 (Jeffries), Chapter 71, Statutes of 2009, extended the sunset date of the state's aggravated arson statute until January 1, 2014 and increased the threshold amount of property damage required from $5.65 million to $6.5 million.

AB 1907 (Pacheco), Chapter 135, Statutes of 2004, extended the sunset date of the state's aggravated arson statute until January 1, 2010, and increased the threshold amount of required property damage from $5 million to $5.65 million.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

 THIRD READING  

Bill No: SB 896

Author:

Amended: 5/25/18

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/13/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: California District Attorneys Association

DIGEST:

This bill extends the former aggravated arson offense until January 1, 2024, and increases the threshold of property damage and other losses constituting an aggravating factor for aggravated arson from $7 million to $8.3 million.

ANALYSIS:

Existing law:

1. States that any person is guilty of arson when they willfully and maliciously set fire to or burn or cause to be burned or aid, counsel, or procure the burning of, any structure, forest land, or property (Pen. Code § 451).
2. States that any person is guilty of aggravated arson when they willfully, maliciously deliberately, with premeditation, and with intent to cause injury to one or more person, 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, set fire to, burn, or cause to be burned, or aid, counsel, or procure the burning of any residence, structure, forest land, or property, if one or more of the following aggravating factors exists (Pen. Code § 451.5, subd. (a).):
   1. The defendant has been previously convicted of arson within the past 10 years.
   2. The fire caused property damage and other losses in excess of $7 million.
   3. The court shall consider the cost of fire suppression in calculating the total amount of property damage and other losses.
   4. The fire caused damage to, or the destruction of, five or more inhabited structures.
3. States that any person who is convicted under aggravating arson shall be punished by imprisonment in the state prison for 10 years to life (Pen. Code § 451.5 subd. (b).)
4. States that any person who is sentenced under aggravating arson shall not be eligible for release on parole until 10 calendar years have elapsed (Pen. Code § 451.5 subd (c).)
5. Remains in effect only until January 1, 2019, and as of that date is repealed, unless a later statute, that is enacted before January 1, 2019, deletes or extends that date (Pen. Code § 451.5 subd. (d).)

This bill extends the former aggravated arson offense until January 1, 2024, and increases the threshold of property damage and other losses to $8.3 million.

Background

In the wake of the 1993 Southern California Firestorms, Senator Craven introduced SB 1309 (1994) and created the crime of aggravated arson. According to the State Fire Marshal, the Firestorms burned a total of 200,000 acres in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura County.

According to the sponsor at the time:

[SB 1309] would increase the penalties for the worst arsonists who exhibit a specific intent to inflict damage or who in fact inflict serious damage or who commit a repeat offense and pose a continuing threat to society.

In 1994, the analysis by Senate Judiciary Committee was most concerned with whether the aggravated arson penalty was proportional to sentences of other crimes. In SB 1309, aggravated arson required a penalty of 15 years to life without a possibility of probation. In contrast, a person who assaults another person with a deadly weapon would most likely be sentenced to 10 years or less. Currently, the aggravated arson penalty is imprisonment in the state prison for 10 years to life without eligibility of release on parole until 10 calendar years have elapsed (Pen. Code § 451.5, subd. b).)

When the aggravated arson offense was enacted in 1995, the total amount of property damage and other losses was set at $5 million. Penal Code Section 451.5 is provided below:

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.

The statute must be reviewed within five years and the property and other losses adjusted for inflation. Since 1994, the aggravated arson statute’s sunset has been extended and the threshold of damages has been increased four times. In its most recent sunset extension, the threshold was increased in 2009 from $6.5 million to $7 million in 2014 to account for inflation. This bill requires the threshold to be raised from $7 million to $8.3 million. When the Legislature initially enacted this crime in 1994, the threshold amount was set to $5 million. According to the United States Department of Labor inflation calculator, $5 million in 1994 equates to $8.3 million in 2018.

The 2017 California wildfires caused historic levels of destruction with a total of 9,000 fires burning 1.2 million acres of land. Five of California’s top 20 most destructive fires occurred in 2017. The Thomas Fire was the state’s largest fire in terms of acres burned. It started in Santa Barbara and Ventura County burning a total of 280,000 acres, destroying 1,063 structures, and damaging 280 structures. Furthermore, these massive fires stripped Montecito, Ventura, and Santa Barbara of vegetation allowing rain and mud to accumulate. Heavy rains caused flash floods and debris-filled mudslides causing more property damage and resulting in 17 confirmed fatalities.

The Tubbs Fire, the most destructive fire in California’s history, began in October 2017 in Napa and Sonoma County. The fire burned a total of 36,807 acres, destroyed 5,643 structures, damaged 319 structures, and resulted in 22 deaths. According to the U.S. Forest Services, the cumulative cost of 2017 wildland fire suppression exceeded $2.4 billion, the most expensive in the state’s history.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, unknown, potential increase in costs to the Department of Corrections and Rehabilitation for longer commitments to state prison for persons found guilty of committing aggravated (as opposed to standard) arson. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for aggravated arson. (General Fund)

SUPPORT: (Verified 5/25/18)

California District Attorneys Association (source)

California Police Chiefs Association

California State Sheriffs’ Association

Lake County District Attorney

Lake County Sheriff’s Office

County of Sonoma Board of Supervisors

OPPOSITION: (Verified 5/25/18)

None received

Prepared by:

5/29/18 8:45:44

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 896 (McGuire) - Aggravated arson

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2018

Bill Summary:

SB 896 would extend, through 2023, the crime of aggravated arson whereby the damage exceeded a specified dollar amount and would increase the amount of the minimum value of damage required to establish the offense to reflect the effects of inflation.

Fiscal Impact:

Unknown, potential increase in costs to the Department of Corrections and Rehabilitation for longer commitments to state prison for persons found guilty of committing aggravated (as opposed to standard) arson. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for aggravated arson. (General Fund)

Committee Amendments:

Increase the threshold amount to $8.3 million to reflect inflation in today’s value of $5 million in 1994.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 896 (McGuire) - Aggravated arson

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 896 would extend, through 2023, the crime of aggravated arson whereby the damage exceeded a specified dollar amount and would increase the amount of the minimum value of damage required to establish the offense to reflect the effects of inflation.

Fiscal Impact:

• Unknown, potential increase in costs (General Fund) to the Department of Corrections and Rehabilitation for longer commitments to state prison for persons found guilty of committing aggravated (as opposed to standard) arson. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for aggravated arson.

Background:

A person is guilty of the crime of arson if he or she willfully and maliciously sets fire to or burns; causes to be burned; or aids, counsels, or procures the burning of any structure, forest land, or property. Arson is punishable as a felony with a base sentence to state prison ranging from sixteen months to nine years, depending on the circumstances of the incident (e.g., if it causes great bodily injury) and the item(s) burned (e.g., personal property versus an inhabited structure). A person is guilty of aggravated arson if (1) he or she has been previously convicted of arson at least once within the past ten years, (2) the fire caused property damage and other losses in excess of $7 million, or (3) the fire caused damage to, or the destruction of, five or more inhabited structures. The punishment for aggravated arson is a sentence of imprisonment in state prison for ten years to life. Additionally, a person convicted of aggravated arson cannot be eligible for release on parole until the passage of ten calendar years of custody in state prison.

Existing law states legislative intent that the threshold amount of property damage or other loss required for aggravated arson be reviewed within five years to consider the effects of inflation on the dollar amount stated in the statute. Currently, the threshold amount is $7 million, and this type of aggravated arson crime will sunset on January 1, 2019.

Proposed Law:

This bill would extend the sunset date of the crime of aggravated arson by way of property damage or other loss in excess of a specified dollar amount from January 1, 2019 to January 1, 2024 and would increase that specified dollar amount from $7 million to $7.3 million.

Related Legislation:

SB 930 (Berryhill, Ch. 96, Stats. 2014) extended the sunset date on the aggravated arson crime to January 1, 2019 and increased the threshold amount of required property damage from $6.5 million to $7 million.

AB 27 (Jeffries, Ch. 71, Stats. 2009) extended the sunset date on the aggravated arson crime to January 1, 2014 and increased the threshold amount of required property damage from $5.65 million to $6.5 million.

AB 1995 (Jeffries, 2008) would have extended the sunset date on the aggravated arson crime to January 1, 2014 and increased the threshold amount of required property damage from $5.65 million to $6.5 million. AB 1995 was held on the Suspense File of this Committee.

AB 1907 (Pacheco, Ch. 135, Stats. 2004) extended the sunset date on the aggravated arson crime to January 1, 2010 and increased the threshold amount of required property damage from $5 million to $5.65 million.

Staff Comments:

The fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on a number of factors, including, but not limited to, judicial and prosecutorial discretion, the criminal history of the defendant, and the factors unique to each case. In 2017, there were two people admitted to state prison with aggravated arson as the principal offense. Additionally, there was one count of aggravated arson admitted into state prison as a subordinate offense in 2017, but it should be noted that the number of subordinate offenses does not necessarily equal the number of people convicted of the offense, as an inmate could be admitted with multiple subordinate offenses. In 2016, there were no state prison admissions for aggravated arson. Given that a person convicted of aggravated arson is required to serve a minimum of ten years in state prison and the base prison sentence for standard arson ranges from sixteen months to nine years (with the ability to earn credits), this bill could result, at the very least, of one additional year of state incarceration. It also could result in a much lengthier sentence—of up to life—than one served by a person convicted of standard arson.

California is subject to a federal court order to reduce its in-state adult institution population to 137.5 percent of design capacity.  The state has undertaken efforts to implement a durable remedy to reduce and avoid prison overcrowding.  On March 21, 2018, 114,442 inmates were housed in the state’s thirty-five adult institutions, 6,331 were housed in in-state contract beds, and 3,936 inmates were housed in out-of-state facilities.  The prison population changes daily as new inmates are admitted and others are released, but, on that date, the state’s prison population was approximately 134.5 percent of design capacity. By increasing the length of incarceration, this bill could result in an increase of the inmate population in in-state institutions and exacerbate overcrowding.

Staff notes that codified legislative intent states that the threshold amount of required property damage for aggravated arson should be reviewed within five years to consider the effects of inflation. The current threshold amount, which was set in 2014, is $7 million, and this bill would increase it to $7.3 million. Given inflation, $7 million in 2014 is closer to $7.4 million in today’s dollar. When the Legislature originally enacted this crime in 1994, the threshold amount set in statute was $5 million, which, given inflation, is closer to between $8.3 and $8.5 million today.

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 896 Hearing Date: March 13, 2018

Subject: Aggravated Arson

HISTORY

Source: California District Attorneys Association

Prior Legislation: SB 930 (Berryhill), Chaptered 96, Statutes of 2014

AB 27 (Jeffries), Chaptered 71, Statutes of 2009

SB 1907 (Pacheco), Chaptered 135, Statutes of 2004

SB 555 (Karnette), Chaptered 518, Statutes of 1999

SB 1309 (Craven), Chapter 421, Statutes of 1994

Support: California Police Chiefs Association; California State Sheriffs’ Association; Lake County District Attorney; Sonoma County Board of Supervisors

Opposition: None known

PURPOSE

The purpose of this bill is to extend the former aggravated arson offense until January 1, 2024, and increase the threshold of property damage and other losses constituting an aggravating factor for aggravated arson from $7,000,000 to $7,300,000.

Existing law states that any person is guilty of arson when they willfully and maliciously set fire to or burn or cause to be burned or aid, counsel, or procure the burning of, any structure, forest land, or property (Pen. Code § 451).

Existing law states that any person is guilty of aggravated arson when they willfully, maliciously deliberately, with premeditation, and with intent to cause injury to one or more person, 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, set fire to, burn, or cause to be burned, or aid, counsel, or procure the burning of any residence, structure, forest land, or property, if one or more of the following aggravating factors exists (Pen. Code § 451.5, subd. (a).):

• The defendant has been previously convicted of arson within the past 10 years.
• The fire caused property damage and other losses in excess of $7,000,000.
• The court shall consider the cost of fire suppression in calculating the total amount of property damage and other losses.
• The fire caused damage to, or the destruction of, five or more inhabited structures.

Existing law states that any person who is convicted under aggravating arson shall be punished by imprisonment in the state prison for 10 years to life (Pen. Code § 451.5 subd. (b).)

Existing law states that any person who is sentenced under aggravating arson shall not be eligible for release on parole until 10 calendar years have elapsed (Pen. Code § 451.5 subd (c).)

Existing law shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later statute, that is enacted before January 1, 2019, deletes or extends that date (Pen. Code § 451.5 subd. (d).)

This bill extends the former aggravated arson offense until January 1, 2024, and increases the threshold of property damage and other losses to $7,300,000.

COMMENTS

1. Need for This Bill

The author states:

The size and scope of wildland fire events are getting worse and more destructive. The unprecedented devastation that occurred during the October firestorm in Northern California is now ranked as the most deadly and destructive in America, and the Thomas Fire in Southern California is now ranked as the largest wildland fire in our state’s history. These massive blazes, exacerbated by climate change, present a real and lasting threat to every corner of the Golden State.

In 2016, Lake County suffered through the Clayton Fire that burned tens of thousands of acres south of Lower Lake and destroyed 300 structures, which included about 189 single-family homes. A Clearlake resident was arrested and has been charged with 17 counts of arson, including aggravated arson, for igniting the Clayton Fire and could be facing over 20 years in prison.

SB 896 will ensure law enforcement maintain a valuable deterrent and a necessary penalty to arson-caused wildland fires.

2. Origin of Aggravated Arson in California

In the wake of the 1993 Southern California Firestorms, Senator Craven introduced SB 1309 (1994) and created the crime of aggravated arson. According to the State Fire Marshal, the Firestorms burned a total of 200,000 acres in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura County.

According to the sponsor at the time:

[SB 1309] would increase the penalties for the worst arsonists who exhibit a specific intent to inflict damage or who in fact inflict serious damage or who commit a repeat offense and pose a continuing threat to society.

In 1994, the analysis by Senate Judiciary was most concerned with whether the aggravated arson penalty was proportional to sentences of other crimes. In SB 1309, aggravated arson required a penalty of 15 years to life without a possibility of probation. In contrast, a person who assaults another person with a deadly weapon would most likely be sentenced to 10 years or less. Currently, the aggravated arson penalty is imprisonment in the state prison for 10 years to life without eligibility of release on parole until 10 calendar years have elapsed (Pen. Code § 451.5, subd. b).)

3. Recalculation of Monetary Threshold for Aggravated Arson

When the aggravated arson offense was enacted in 1995, the total amount of property damage and other losses was set at $5 million. Penal Code section 451.5 is provided below:

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.

The statute must be reviewed within five years and the property and other losses adjusted for inflation. Since 1995, the aggravated arson statute’s sunset has been extended and the threshold of damages has been increased four times. In its most recent sunset extension, the threshold was increased in 2009 from $6.5 million to $7 million in 2014 to account for inflation. This bill requires the threshold to be raised from $7 million to $7.3 million. According to the United States Department of Labor inflation calculator, $7 million in 2014 equates to $7.4 million in 2018.^[1]

Even where the cost of fire suppression is not considered, fires can cause commercial and residential damages exceeding the aggravated arson threshold. For example, the Showcase.com real estate website lists a total of 3,617 commercial properties offered between $7.3 and $8 million.^[2] These commercial properties include 237 in the Sacramento, 50 in San Francisco, 215 in San Diego, 543 in Los Angeles, 6 in Marin counties offered between $7.3 and $8 million. Zillow.com listed a total of 182 homes in California offered between $7.3 and $8 million.^[3] These homes include 5 in San Francisco, 8 homes in San Diego, 39 in Los Angeles, 1 in Marin county.^[4]

3. California Fires

The 2017 California wildfires caused historic levels of destruction with a total of 9,000 fires burning 1.2 million acres of land. Five of California’s top 20 most destructive fires occurred in 2017.^[5] The Thomas Fire was the state’s largest fire in terms of acres burned. It started in Santa Barbara and Ventura County burning a total of 280,000 acres, destroying 1,063 structures, and damaging 280 structures.^[6] Furthermore, these massive fires stripped Montecito, Ventura, and Santa Barbara of vegetation allowing rain and mud to accumulate. Heavy rains caused flash floods and debris-filled mudslides causing more property damage and resulting in 17 confirmed fatalities.

The Tubbs Fire, the most destructive fire in California’s history, began in October 2017 in Napa and Somona County.^[7] The fire burned a total of 36,807 acres, destroyed 5,643 structures, damaged 319 structures, and resulted in 22 deaths.^[8] According to the U.S. Forest Services, the cumulative cost of 2017 wildland fire suppression exceeded $2.4 billion, the most expensive in the state’s history.

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1. “CPI Inflation Calculator,” accessed February 27, 2018, http://146.142.4.24/cgi-bin/cpicalc.pl?cost1=7%2C000%2C000.00&year1=201401&year2=201801. ↑

2. “Commercial Real Estate For Sale or Lease Properties on SHOWCASE.COM,” accessed March 1, 2018, http://www.showcase.com/#&&/wEXAQURV29ya2Zsb3dIaXN0b3J5SUQFJGNjMWFlMDQ5LTcxMzItNDdlZC04YWU0LTQyNWM3Y2RkZThmY6CLYKgUiMyGthvJtYuorxJfuQwo. ↑

3. Zillow Inc, “CA Real Estate - California Homes For Sale,” Zillow, accessed March 1, 2018, https://www.zillow.com:443/homes/California_rb/. ↑

4. “Commercial Real Estate For Sale or Lease Properties on SHOWCASE.COM.” ↑

5. “Top Most Destructive California Wildfires” (CALFIRE, January 12, 2018), 20, http://www.fire.ca.gov/communications/downloads/fact_sheets/Top20_Destruction.pdf. ↑

6. “2018 Statewide Incidents Map,” My Maps, accessed February 27, 2018, https://www.google.com/maps/d/viewer?mid=1HacmM5E2ueL-FT2c6QMVzoAmE5M19GAf&hl=en. ↑

7. “2018 Statewide Incidents Map.” ↑

8. “Top Most Destructive California Wildfires.” ↑