Bill > SB265

This bill amends California's Penal Code to modify penalties for looting during states of emergency or local emergencies. Specifically, the bill changes the punishment for second-degree burglary during emergencies from a potential county jail sentence to a mandatory felony charge, removing the option of a one-year county jail term. The bill defines key terms like "state of emergency" and "local emergency" as conditions beyond the control of a single county's resources that require combined mutual aid forces. It maintains graduated penalties for different types of theft during emergencies: second-degree burglary becomes a felony, grand theft remains a felony with potential imprisonment, and petty theft continues to be a misdemeanor with a maximum six-month jail sentence. For those granted probation, the bill preserves mandatory minimum jail times with judicial discretion to reduce sentences "in the interest of justice," and allows courts to impose community service. The bill also clarifies that damage to a structure from a disaster does not prevent conviction and specifies that consensual entry into a commercial structure with certain fraudulent intents will not be charged as looting. Notably, the bill includes a provision stating that no state reimbursement is required for implementing these changes.

Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB265