Earlier this week, Governor Jerry Brown vetoed Assemblywoman Susan Bonilla’s AB 849, a bill that would provide that a person who recklessly causes an explosion is guilty of a public offense.
“Although I am disappointed in the Governor’s veto of AB 849, I do want to express my appreciation to California District Attorneys and Sheriffs for working with me to protect our residents and raising this issue in the state legislature and to the Governor’s attention,” said Assemblywoman Susan Bonilla (D-Concord).
AB 849 would have ensured that defendants are held liable for damage caused when a drug lab explodes, regardless of whether it is caused by a resulting fire or the explosion itself. On October 31, 2014 a large apartment building exploded in Walnut Creek that severely injured three people and displaced 40 people. The explosion was caused by the ignition of butane gas that had filled the apartment when the tenant was trying to prepare hash oil. AB 849 ensures that hash oil lab explosions can be prosecuted in the same manner as other drug lab explosions and offenders are held responsible for the damage they perpetrate on the property and neighboring properties.
“I will convene with our local law enforcement and the Governor’s office to figure out an alternative that protects our residents and cracks down on these types of perpetrators,” said Assemblywoman Bonilla.
Below is also a list of the supporters of AB 849 at the time it was presented to the Governor:
Los Angeles County District Attorney’s Office (sponsor)
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California Correctional Supervisors Association
California Professional Firefighters
California State Firefighters’ Association
California State Lodge, Fraternal Order of Police
California State Sheriffs’ Association
Central Coast Forest Association
Long Beach Police Officers’ Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs’ Association
Santa Ana Police Officers’ Association Department.
About AB 849
SECTION 1.
Section 452.5 is added to the Penal Code, to read:
452.5.
(a) A person who recklessly causes an explosion is guilty of a public offense.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 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 Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.