In response to the recent spate of looting incidents during local emergencies in California, Los Angeles County District Attorney Nathan Hochman and Orange County District Attorney Todd Spitzer are spearheading a push to amend state law. The proposed legislation, as reported by the Los Angeles County District Attorney's Office, aims to increase the legal ramifications for looters, reclassifying looting during a local emergency from a wobbler -- which could be prosecuted as a misdemeanor or a felony -- to a felony punishable by a state prison sentence.
The district attorneys argue that current California laws are insufficient for deterring criminals who prey upon disaster-stricken communities. Their proposed changes would include a new offense for trespass with intent to commit larceny, essentially closing a loophole that has allowed thieves to sift through property damaged by fires without fear of major consequence. As cited by the Los Angeles County District Attorney's Office, District Attorney Hochman condemned the acts of "opportunistic burglars and looters," stating that “These criminals deserve the harshest penalties, and current laws simply do not go far enough to ensure they are held fully accountable."
The urgency legislation also calls for several additional changes, such as requiring judicial review prior to the release of alleged looters and designating looting as a serious offense under California's Three Strikes Law, which could potentially lead to longer sentences for repeat offenders. The bill would explicitly exclude looting from eligibility for diversion as well, a program that currently can result in crimes being erased from one's record. As remarked by Orange County District Attorney Todd Spitzer, the intended legislation reflects a combined effort to "demand accountability, and we must demand punishment, for those who are seizing the opportunity to plunder what little remains," the Los Angeles County District Attorney's Office noted.
A new enhancement is also being proposed that would add additional years onto the sentence of any felony offense committed during a local emergency. The legislation submitted by Hochman and Spitzer outlines increased punishment for looting to a possible 2-4 years in state prison, contrasted against the current maximum of 3 years in county jail. They urge Governor Newsom and the Legislature to swiftly act to protect the victims of natural disasters, such as the wildfires that have ravaged parts of California, leaving thousands to rebuild from the ashes. The Los Angeles County District Attorney's Office detailed the new measures on Monday, highlighting the proposed changes that District Attorneys Hochman and Spitzer argue are critical in efforts to support and safeguard vulnerable communities during times of crisis.
