Crimes: looting.

Plain English Breakdown

The official source material confirms that the bill would make petty theft during emergencies punishable as a felony, but it does not specify which counties are affected.

Laws about Looting During Emergencies

The bill changes the punishment for looting during emergencies, making it a felony instead of just a misdemeanor.

What This Bill Does

• Defines petty theft that happens during an emergency as looting and makes it punishable by up to one year in jail or as a felony.
• Changes second-degree burglary or grand theft during an emergency from being punished as a misdemeanor to being punished as a felony for looting.
• Adds extra punishment if someone pretends to be a police officer, firefighter, or government worker while committing looting.

Who It Names or Affects

• People who commit petty theft, second-degree burglary, or grand theft during emergencies in affected counties.
• Local law enforcement and courts that will enforce the new laws.

Terms To Know

Looting

Taking things without permission from buildings or vehicles during a state of emergency or local emergency.

Emergency

A situation declared by the government where special rules apply, like after a natural disaster.

Limits and Unknowns

• The bill did not pass and was stopped at the desk.
• It does not say how much it will cost local agencies to enforce these new laws.

Official Summary Text

AB 12, as introduced, Hoover.
Crimes: looting.
Existing law defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law defines burglary of the first degree as any burglary of an inhabited building and makes burglary of the first degree punishable by imprisonment in the state prison for 2, 4, or 6 years. Existing law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony. Existing law makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony.
Existing law defines any
2nd-degree burglary or grand theft, during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable by either imprisonment in a county jail for one year or as a felony. Existing law makes petty theft committed during and within an affected county in a state of emergency or local emergency a misdemeanor and requires a minimum jail term of 90 days.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor.
This bill would make looting by the means of a 2nd-degree burglary or grand theft punishable instead as a felony. The bill would define a petty theft committed during and within an affected county in a state of emergency or local emergency as looting and make it punishable by imprisonment in the
county jail for one year or as a felony. The bill would require any person who in the course of committing or attempting to commit the crime of looting impersonated a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, subject to a penalty enhancement. By increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF