Arson: penalties.
AB 297
California Bills
20250AB__029799INT INTRODUCED 2025-01-23 2025 AB INT Introduced by Assembly Members Hadwick and Sanchez LEAD_AUTHOR ASSEMBLY Hadwick LEAD_AUTHOR ASSEMBLY Sanchez
An act to amend
Section 451.1 of the Penal Code, relating to crimes. crimes Arson: penalties. Existing law requires that a person who is convicted of felony arson, in addition to the term of imprisonment for the felony, be punished by a 3-, 4-, or 5-year enhancement if one or more of any specified circumstances is found to be true, including that the defendant caused multiple structures to burn in a single violation. This bill would additionally authorize the 3-, 4-, or 5-year enhancement for a person who proximately causes or more acres of forest land to burn.
By expanding the scope of the enhancement, 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 451.1 of the Penal Code is amended to read: 451.1. (
a) Notwithstanding any other law, any person who is convicted of a felony violation of
Section 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 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 when 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 when there is a violation of subdivision (
a) of
Section 451.
(4) The defendant proximately caused multiple structures to burn in a single violation of
Section 451.
(5) The defendant committed arson as described in subdivision (a), (b), or (
c) of
Section and the arson was caused by use of a device designed to accelerate the fire or delay ignition.
(6) The defendant proximately caused or more acres of forest land to burn in a violation of
Section 451. (
b) The additional term specified in subdivision (
a) shall not be imposed unless the existence of any fact required under this
section is 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. 2. No reimbursement is required by this act pursuant to
Section 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