Theft: burglary: natural or manmade disasters.

Existing law makes a person who commits 2nd-degree burglary or grand theft, as defined, during and within an affected county in a state of emergency or a local emergency, as defined, resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster guilty of the crime of looting, punishable by imprisonment in a county jail, as specified, except in the case of grand theft of a firearm, where the crime of looting is punishable by imprisonment in the state prison. Existing law makes a person who commits petty theft, as defined, under those same conditions guilty of a misdemeanor, punishable by imprisonment in a county jail for 6 months. Existing law authorizes the court, in its discretion, to require any person granted probation following conviction under those provisions to serve a specified number of hours of community service in any program deemed appropriate by the court. This bill would additionally make a person who commits 2nd-degree burglary or grand theft, or who commits petty theft, under an evacuation order resulting from one of the above-described disasters guilty of the crime of looting or a misdemeanor, respectively. The bill would define "evacuation order" as an order from the Governor, or a county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster. By expanding the scope of existing crimes, 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.