CA AB 468

Title: Crimes: looting.
Author: Blanca Pacheco

Summary
AB 468, as amended, Gabriel. Crimes: looting. Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises.This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction.Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor.Existing regulations define an “evacuation area” as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an “evacuation warning” as alerting community members in a defined area of a potential threat to life or property. This bill would recast the offense of looting to include adding 1st degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of looting, define an evacuation zone as an evacuation area or an area subject to an evacuation warning and would include in the definition a principal residence, as defined, while it is undergoing reconstruction following damage or destruction caused by a disaster after an evacuation order or warning has been lifted. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified, and would thus create a state-mandated local program.Existing law requires a person arrested for a misdemeanor to be released on a notice to appear except as specified.This bill would prohibit a person arrested for looting from being released on a notice to appear and would require the court, before such a person is released, to make a judicial determination of their risk to public safety and likelihood of returning to court.Existing law makes it a misdemeanor to impersonate certain personnel, including a peace officer or an officer or member of a fire department, with the intent of fraudulently impersonating such a person, or of fraudulently inducing the belief that they are such a person. This bill would make it a felony punishable by imprisonment in the state prison for a person, other than specified emergency services providers or members of the military, to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of one of those specified emergency services providers or members of the military with the intent of fraudulently inducing the belief that they are one of those specified emergency services providers or members of the military during and within an affected county in a state of emergency, a local emergency, or under an evacuation order, as specified. The bill would also impose a sentencing enhancement if a person other than a specified emergency services provider or member of the military wears, exhibits, or uses the uniform, insignia, emblem, device, label, certificate, card, or writing of one of those specified emergency services providers or members of the military during the commission of a felony during and within a state of emergency, local emergency, or evacuation order, as specified.By creating a new crime, by increasing the puni

Status
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 8).

Bill Documents
CA AB 468 - 04/02/25 - Amended Assembly
04/02/25 - CA AB 468 (04/02/25 - Amended Assembly)