Amended  IN  Assembly  March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 468

Introduced by Assembly Members Gabriel, Irwin, and Pacheco
(Coauthors: Assembly Members Flora Flora, Michelle Rodriguez, and Wallis)
(Coauthor: Senator Allen)

February 06, 2025

An act to amend Section 459 of, to add Sections 463.2, 538i, and 12022.67 to, and to repeal and add Section 463 of, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 468, as amended, Gabriel. Crimes: looting.
Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises.
This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction.
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor.
Existing regulations define an “evacuation area” as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an “evacuation warning” as alerting community members in a defined area of a potential threat to life or property.
This bill would recast the offense of looting to include adding 1st degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of looting, define an evacuation zone as an evacuation area or an area subject to an evacuation warning and would include in the definition a principal residence, as defined, while it is undergoing reconstruction following damage or destruction caused by a disaster after an evacuation order or warning has been lifted. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified, and would thus create a state-mandated local program.
Existing law requires a person arrested for a misdemeanor to be released on a notice to appear except as specified.
This bill would prohibit a person arrested for looting from being released on a notice to appear and would require the court, before such a person is released, to make a judicial determination of their risk to public safety and likelihood of returning to court.
Existing law makes it a misdemeanor to impersonate certain personnel, including a peace officer or an officer or member of a fire department, with the intent of fraudulently impersonating such a person, or of fraudulently inducing the belief that they are such a person.
This bill would make it a felony punishable by imprisonment in the state prison for a person, other than specified emergency services providers or members of the military, to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of one of those specified emergency services providers or members of the military with the intent of fraudulently inducing the belief that they are one of those specified emergency services providers or members of the military during and within an affected county in a state of emergency, a local emergency, or under an evacuation order, as specified. The bill would also impose a sentencing enhancement if a person other than a specified emergency services provider or member of the military wears, exhibits, or uses the uniform, insignia, emblem, device, label, certificate, card, or writing of one of those specified emergency services providers or members of the military during the commission of a felony during and within a state of emergency, local emergency, or evacuation order, as specified.
By creating a new crime, by increasing the punishment of specified crimes, and by creating new enhancements, 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.

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, as defined, under specified circumstances. 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 as either a misdemeanor or a felony. Existing law defines petty theft during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable as a misdemeanor.

This bill would state the intent of the Legislature to enact legislation relating to looting.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 459 of the Penal Code is amended to read:

459.
 (a) Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.
(b) The fact that the structure entered has been damaged by a natural or other disaster, or the extent of that damage, does not preclude conviction.

SEC. 2.

 Section 463 of the Penal Code is repealed.
463.

(a)Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 240 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

For purposes of this subdivision, the fact that the structure entered has been damaged by the earthquake, fire, flood, or other natural or manmade disaster shall not, in and of itself, preclude conviction.

(b)Every person who commits the crime of grand theft, as defined in Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. Every person who commits the crime of grand theft of a firearm, as defined in Section 487, during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster shall be guilty of the crime of looting, punishable by imprisonment in the state prison, as set forth in subdivision (a) of Section 489. Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 160 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

(c)Every person who commits the crime of petty theft, as defined in Section 488, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of a misdemeanor, punishable by imprisonment in a county jail for six months. Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 90 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory minimum jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

(d)(1)For purposes of this section, “state of emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

(2)For purposes of this section, “local emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

(3)For purposes of this section, a “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code. For purposes of this section only, a “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code.

(4)For purposes of this section, “evacuation order” means 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.

(5)Consensual entry into a commercial structure with the intent to commit a violation of Section 470, 476, 476a, 484f, or 484g shall not be charged as a violation under this section.

SEC. 3.

 Section 463 is added to the Penal Code, to read:

463.
 (a) For the purposes of this section, the following terms shall have the following meanings:
(1) “Evacuation order” means 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.
(2) “Evacuation zone” means an evacuation area or an area subject to an evacuation warning, as defined in Section 2470.1 of Title 19 of the California Code of Regulations. An evacuation zone includes a principal residence while it is undergoing reconstruction following damage or destruction caused by an earthquake, fire, flood, riot, or other natural or manmade disaster, after an evacuation order or warning has been lifted.
(3) “Local emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code.
(4) “Principal residence” means a residence, as described in Section 50425 of Title 22 of the California Code of Regulations.
(5) “State of emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code.
(b) All of the following offenses when committed during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster are looting and, except as provided in subdivision (c), are punishable as follows:
(1) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.
(2) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.
(3) Grand theft of a firearm, as defined in Section 487, is punishable by imprisonment in the state prison, as set forth in subdivision (a) of Section 489.
(4) A violation of Section 488 is punishable by imprisonment in a county jail for six months.
(c) All of the following offenses when committed during and within an evacuation zone or in an area that was in an evacuation zone are looting and, notwithstanding subdivision (b), are punishable as follows:
(1) A violation of Section 459, punishable as a first-degree burglary pursuant to subdivision (a) of Section 461, is punishable by imprisonment in the state prison for a term of three, four, or seven years.
(2) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable by imprisonment in the county jail for a term of two, three, or four years, pursuant to subdivision (h) of Section 1170.
(3) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable by imprisonment in a county jail for a term of two, three, or four years pursuant to subdivision (h) of Section 1170.
(4) A violation of Section 602, with the intent to commit larceny, punishable by imprisonment in a county jail for a term of two, three, or four years pursuant to subdivision (h) of Section 1170.
(5) Notwithstanding paragraph (3), theft from an unlocked vehicle is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.
(d) (1) A person convicted of an offense described in paragraph (1), (2), or (3) of subdivision (b) or an offense described in subdivision (c) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 180 days, except that the court may, in a case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition.
(2) In addition to whatever custody is ordered, the court may require any person granted probation following conviction under paragraph (1) of subdivision (b) to serve up to 240 hours of community service and may require any person granted probation following conviction of an offense described in paragraph (2) or (3) of subdivision (b) or an offense described in subdivision (c) to serve up to 160 hours of community service.
(3) A person convicted under paragraph (4) of subdivision (b) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 90 days, except that the court may, in a case where the interest of justice would best be served, reduce or eliminate that mandatory minimum jail sentence if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service.
(e) Consensual entry into a commercial structure with the intent to commit a violation of Section 470, 476, 476a, 484f, or 484g shall not be charged as a violation under this section.
(f) For purposes of this section, the fact that the structure entered has been damaged by the earthquake, fire, flood, or other natural or manmade disaster shall not, in and of itself, preclude conviction.
(g) Notwithstanding Section 853.6, a person arrested for a violation of this section shall not be released on a notice to appear. Upon any arrest for a violation of this section, the person shall be brought before a magistrate and the court shall, before the person may be released, make an individualized determination of the person’s risk to public safety and likelihood they will return to court.

SEC. 4.

 Section 463.2 is added to the Penal Code, to read:

463.2.
 (a) A person who is convicted of a violation of Section 463 within an evacuation zone while impersonating emergency personnel shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which they have been convicted, be punished by an additional and consecutive term of one, two, or three years.
(b) For purposes of this section, the following terms shall have the following meanings:
(1) “Emergency personnel” is defined as a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(2) “Evacuation zone” has the same meaning as in Section 463.
(3) “Impersonating” means willful wearing, exhibiting, or using of an authorized uniform, insignia, emblem, device, label, certificate, card, or writing of emergency personnel with the intent of fraudulently inducing the belief that they are a member of emergency personnel.

SEC. 5.

 Section 538i is added to the Penal Code, to read:

538i.
 Any person other than a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, during and within an evacuation zone, as defined in Section 463, willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, with the intent of fraudulently inducing the belief that they are a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, is guilty of a felony punishable pursuant to subdivision (h) of Section 1170.

SEC. 6.

 Section 12022.67 is added to the Penal Code, to read:

12022.67.
 Notwithstanding Section 538i, any person other than a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, during and within an evacuation zone, as defined in Section 463, willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, during the commission of a felony, shall be punished by an additional and consecutive term of imprisonment for three, four, or six years.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to looting.