| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 177Introduced by Senator NielsenJanuary 28, 2019 An act to amend Section 451 of the Penal Code, relating to criminal law. LEGISLATIVE COUNSEL'S DIGESTSB 177, as introduced, Nielsen. Arson.Under existing law, a person is guilty of arson if that person willfully and maliciously sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. Existing law makes arson a felony and sets various terms of punishment in the state prison depending on the different types of structures, land, or property to which the arson applies.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 177Introduced by Senator NielsenJanuary 28, 2019 An act to amend Section 451 of the Penal Code, relating to criminal law. LEGISLATIVE COUNSEL'S DIGESTSB 177, as introduced, Nielsen. Arson.Under existing law, a person is guilty of arson if that person willfully and maliciously sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. Existing law makes arson a felony and sets various terms of punishment in the state prison depending on the different types of structures, land, or property to which the arson applies.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 177 |
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| 13 | 13 | | Introduced by Senator NielsenJanuary 28, 2019 |
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| 15 | 15 | | Introduced by Senator Nielsen |
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| 16 | 16 | | January 28, 2019 |
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| 18 | 18 | | An act to amend Section 451 of the Penal Code, relating to criminal law. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | SB 177, as introduced, Nielsen. Arson. |
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| 26 | 26 | | Under existing law, a person is guilty of arson if that person willfully and maliciously sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. Existing law makes arson a felony and sets various terms of punishment in the state prison depending on the different types of structures, land, or property to which the arson applies.This bill would make technical, nonsubstantive changes to that provision. |
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| 28 | 28 | | Under existing law, a person is guilty of arson if that person willfully and maliciously sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of, a structure, forest land, or property. Existing law makes arson a felony and sets various terms of punishment in the state prison depending on the different types of structures, land, or property to which the arson applies. |
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| 30 | 30 | | This bill would make technical, nonsubstantive changes to that provision. |
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| 32 | 32 | | ## Digest Key |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | 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 if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 451 of the Penal Code is amended to read:451. A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 44 | 44 | | SECTION 1. Section 451 of the Penal Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 451. A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 50 | 50 | | 451. A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 52 | 52 | | 451. A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a 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 two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property.(e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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| 56 | 56 | | 451. A person is guilty of arson when he or she if that person willfully and maliciously sets fire to or burns to, burns, or causes to be burned burned, or who aids, counsels, or procures the burning of, any a structure, forest land, or property. |
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| 58 | 58 | | (a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years. |
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| 60 | 60 | | (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. |
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| 62 | 62 | | (c) Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years. |
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| 64 | 64 | | (d) Arson of property is a felony punishable by imprisonment in the state prison for 16 months, two, or two or three years. For purposes of this paragraph, arson of property does not include one a person burning or causing to be burned his or her that persons own personal property unless there is an intent to defraud or there is injury to another person or another persons structure, forest land, or property. |
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| 66 | 66 | | (e) In the case of any a 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 a sentence imposed shall be consecutive to the sentence for which the person was then confined. |
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