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F I S C A L I M P A C T R E P O R T

SPONSOR:	HJC		DATE TYPED:	02/27/99		HB	496/HJCS
SHORT TITLE:		Criminal Offenses Regarding Arson				SB
					ANALYST:		Woodlee

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY99	FY2000	FY99	FY2000	Recurring or Non-Rec	Fund Affected
	$ 0.0

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Senate Bill 425

SOURCES OF INFORMATION

Attorney General's Office

Department of Public Safety, Office of Legal Affairs

SUMMARY

Synopsis of Bill

House Judiciary Committee substitute for House Bill 496 proposes to repeal criminal statutes regarding arson. This legislation would create "Arson in the Second Degree," "Arson in the Third Degree," and "Arson in the Fourth Degree." The bill provided penalties for each of these new offenses.

The bill also provides for the recovery of firefighting costs. It orders anyone convicted of arson in the second, third, and fourth degree to pay the firefighting costs in addition to the restitution he is ordered to pay victims of the offense.

Finally, the bill creates the crimes of impersonating a firefighter, fire investigator, and emergency medical technician. Whoever commits these crimes is guilty of a misdemeanor.

Significant Issues

According to the Attorney General's Office, the new arson statutes rely on the wording "maliciously" and "willfully" to define intent. In current law, a "purpose to damage or destroy" is required for arson.

FISCAL IMPLICATIONS

There is no appropriation contained within this bill.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Relates to Senate Bill 425, "Crimes of Arson & Negligent Arson."

MW/njw