Criminal penalties: wildfires.

Assembly Member Wallis, joined by ten coauthors, proposes modifying California's criminal penalties for recklessly causing fires by requiring felony prosecution for cases involving great bodily injury, damage to inhabited structures, or burning of forest lands. The legislation amends Section 452 of the Penal Code to eliminate misdemeanor options for these serious fire-related offenses while maintaining maximum fines of $10,000.

The bill establishes a three-tiered felony sentencing structure: two to six years imprisonment for fires causing great bodily injury; two to four years for burning inhabited structures; and 16 months to three years for fires affecting structures or forest lands. Cases involving damage solely to personal property remain misdemeanors, unless the fire injures others or damages their property. The legislation preserves existing provisions requiring consecutive sentences for individuals convicted while incarcerated and treating retail theft-related arsons as aggravating factors.

Local agencies must implement these enhanced penalties without state reimbursement, as the changes fall under constitutional exemptions for modifications to criminal law. The bill maintains current definitions of unlawful fire-setting while narrowing prosecutorial discretion in charging decisions for more serious violations.