Assembly Member Hoover's legislation to modify California's looting statutes proposes several changes to how the state prosecutes theft crimes during declared emergencies. The measure, co-authored by Assembly Member Hadwick, would reclassify second-degree burglary and grand theft committed during emergencies as felony offenses, while establishing new penalties for petty theft under emergency conditions.

The bill modifies the existing framework for emergency-related property crimes by mandating minimum jail terms for probation-eligible offenders: 180 days for burglary and grand theft, and 90 days for petty theft. Courts retain discretion to adjust these terms based on case circumstances. The legislation also authorizes judges to require community service - up to 240 hours for burglary, 160 hours for grand theft, and 80 hours for petty theft - in programs focused on community rebuilding.

A new provision adds a consecutive two-year sentence enhancement when perpetrators impersonate first responders or government employees during looting incidents. The bill maintains existing definitions of state and local emergencies while adding specific parameters for evacuation orders issued by designated officials. It excludes consensual entry into commercial structures involving certain financial crimes from prosecution under these sections.

The measure preserves judicial discretion to modify mandatory minimum sentences when warranted, requiring courts to document their reasoning in the official record. While creating new enforcement obligations for local jurisdictions, the bill specifies that no state reimbursement is required under California's constitutional provisions regarding state-mandated local programs.