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California Prosecutors Push for Tougher Looting Laws Amid Fire Crisis

Two District attorneys urge governor to make disaster-related theft a prison-worthy felony

Published on Wednesday, January 15, 2025 | 5:21 am
 

Los Angeles County and Orange County District attorneys have called on Governor Gavin Newsom to amend his prior proclamation for a special legislative session to strengthen penalties for looters who prey on disaster victims.

District Attorneys Nathan Hochman and Todd Spitzer submitted proposed legislation to the Legislative Council on Monday that would transform looting from a County jail offense to a serious felony under California’s Three Strikes Law.

The changes would replace the current 16-month to three-year County jail sentence with a two-year, three-year, or four-year state prison term and create new penalties for trespass with intent to commit larceny.

As dozens of fire victims have perished and bodies remain in ash-covered ruins, the prosecutors seek to address a legal gap that currently leaves them unable to charge thieves searching through burned homes.

“There is a special place in jail for those who exploit the vulnerable in the wake of deadly fires,” said LA County District Attorney Hochman, who emphasized protecting victims facing “unimaginable anguish.”

Under the proposed law, suspects would face mandatory judicial review before release, eliminating the current practice of cite and release, and would be ineligible for diversion programs that erase arrests from records.

“Last week, thousands of people across Los Angeles left their homes on a windy day not knowing that a few hours later everything they own would be reduced to a pile of ash,” Spitzer, Orange County District Attorney, said.

The legislation would add enhancement penalties of one year, two years, or three years for any felony committed during a local emergency, part of what prosecutors describe as a strong regional message against opportunistic theft.

The proposal aims to close what officials describe as significant gaps in current California law, including making looting a serious offense under the Three Strikes Law.

“We must demand punishment for those who are seizing the opportunity to plunder what little remains,” Spitzer said. “We are urging Governor Newsom and the state Legislature to enact this urgent legislation and help hold these criminals accountable for their crimes.”

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