This bill was recently introduced. Email the authors to let them know what you think about it.
Assembly Member Hoover's legislation redefines and expands California's looting statutes, establishing new penalties for theft crimes committed during states of emergency or evacuation orders. The measure reclassifies second-degree burglary and grand theft committed during emergencies as felony looting offenses, while elevating petty theft during emergencies to a wobbler offense punishable by up to one year in county jail or as a felony.
The bill institutes mandatory minimum jail terms for those granted probation - 180 days for burglary and grand theft looting, and 90 days for petty theft looting. Courts retain discretion to modify these terms based on the interests of justice. The legislation also creates a consecutive two-year sentence enhancement for individuals who impersonate first responders or government officials while committing looting offenses.
Under the measure's provisions, looting charges apply during officially declared states of emergency, local emergencies, or evacuation orders resulting from natural or human-caused disasters. The bill maintains existing exemptions for certain consensual entries into commercial structures and preserves courts' authority to require community service hours as a condition of probation. Local agencies will not receive state reimbursement for costs associated with implementing the new penalty structure.