HomeMy WebLinkAboutMINUTES - 03251986 - 1.28 To BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator Cwlra
Costa
DATE: March 19, 1986 Cour y
SUBJECT: Legislation: Senate Bill 1567 (Presley)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for SB 1567 by Senator Presley.
BACKGROUND:
One of the resolutions recommended by Consolidated Fire District
Chief Bill Maxfield and forwarded by the Board to CSAC
recommended legislation which would expand the definition of
destructive device in the Penal Code to include explosives or
incendiary devices activated by time delay, remote control, or
chemicals.
The purpose of this recommended legislation is to make these
additional crimes first degree murder when a person is killed as
a result of arson accomplished through the use of explosives or
incendiary devices activated by time delay, remote control, or
chemicals. Under current California law, Penal Code Section 189
defines those crimes which constitute first degree murder and
indicates that all other kinds of murder are of the second
degree. Existing law includes murder perpetrated by means of a
destructive device or explosive. The definition of destructive
device references the definition in Penal Code Section 12301.
The existing language in Section 12301 includes a variety of
devices, such as tracer bullets, bombs, grenades, rocket
propelled projectiles, and items such as "molotov cocktails" .
What is not included in the definition of destructive device is
an explosive or incendiary device activated by time delay, remote
control, or chemicals. Chief Maxfield has recommended that this
language be added in order to make it possible to' charge an
arsonist who commits murder through the use of such a device to
be charged with first degree murder.
In response to Contra Costa County' s resolution, Senator Presley
has introduced SB 1567 which amends Section 12301 of the Penal
Code to add the language suggested by Chief Maxfield.
In view of the fact that this bill has been introduced in
response to a resolution submitted by this County, it is
appropriate that the Board support the bill.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 25,-1Q26 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:_ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVI S ON THE DATE SHOWN.
County Administrator
CC'. ATTESTED
Chief Bill Maxfield, Consolidated Fire - —
RUSS Greenlaw, LOCdI 1230, Firefighters PHIL BATCHELOR, CLERK OF THE BOARD OF.
Senator Robert Presley SUPERVISORS AND COUNTY ADMINISTRATOR
Larry Naake, CSAC Director � 2._
Kathy Snodgrass, Jackson/Barish BY DEPUTY
M382/7-83