So California, now that they're experiencing looting during the LA fires, is moving to make looting during an emergency always a felony and always punishable by a state prison sentence.
Los Angeles County District Attorney Nathan Hochman and Orange County District Attorney Todd Spitzer are urging Governor Newsom to amend a special legislative session to make looting a felony punishable by state prison sentence.
So is California healing, or should this looting felony and state prison sentence apply during non-emergencies as well?
Maybe they'll get there someday, folks. Maybe someday.
Until then, let's look at some of the changes:
The proposed legislation includes:
Increasing the punishment for looting to a two to four-year state prison felony.
Creating a new felony offense of trespass with intent to commit larceny.
Adding a looting enhancement to increase penalties for any felony committed during a local emergency.
Requiring judicial review before releasing anyone arrested for looting.
Designating looting as a serious offense under the Three Strikes law.
Excluding looting from eligibility for diversion programs.
From the LA District Attorney's Office:
Looting during a local emergency would become a felony punishable by a state prison sentence and make it a strike under California's Three Strikes Law under proposed legislation by Los Angeles County District Attorney Nathan Hochman and Orange County District Attorney Todd Spitzer, sending a strong regional message to opportunistic thieves that these crimes will not be tolerated, and that justice will be swift and it will be decisive.
District Attorneys Hochman and Spitzer are calling on California Governor Gavin Newsom to amend his prior proclamation to convene special session of the state Legislature in order to enact urgency legislation that would increase the punishment for looting, send defendants convicted of looting to state prison, require suspected looters to go before a judge instead of being allowed to be cited and released, and make looting ineligible for diversion, which under current law allows defendants to have their crimes erased from their record as if the arrest never occurred.
The District Attorneys' proposed legislation would also create a new looting offense of trespass with intent to commit larceny, which closes a loophole in existing law to allow prosecutors to punish thieves who are sifting through the ashes of burned homes searching for valuables, which is not a crime under current California law.
Man, I bet they wish they'd come up with this a long time ago!
‘There is a special place in jail for those who exploit the vulnerable in the wake of deadly fires,' said Los Angeles County District Attorney Nathan Hochman. ‘As hundreds of thousands of families face the unimaginable anguish of fleeing their homes, uncertain whether they'll ever return, the last thing they should fear is the added trauma of criminals preying on their misfortune ... These criminals deserve the harshest penalties, and current laws simply do not go far enough to ensure they are held fully accountable. I stand alongside Orange County District Attorney Todd Spitzer in demanding stronger penalties for looting during disasters. We call on Governor Newsom and the Legislature to act swiftly and decisively to protect fire victims in Los Angeles County and send a clear and unyielding message: We will not tolerate looting in our state, and we will always prioritize the safety and dignity of our communities over the greed of criminals.'
California may just be experiencing the beginning stages of healing, ladies and gentlemen. Too bad it took the looting of the evacuated to get them there.
Next step is voting responsible adults into office.
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