Los Angeles DA Hochman, Orange County DA Spitzer Call On Gov. Newsom to Strengthen State Looting Laws

In two statements this week,  Los Angeles County District Attorney Nathan Hochman and Orange County District Attorney Todd Spitzer called on Governor Gavin Newsom and state legislators to make looting during a local emergency a felony punishable by a state prison sentence, as well as make it a strike under California’s Three Strikes Law.

Since the Eaton and Palisades fires started on January 7th, the looting of ruins and evacuated homes has become a major issue. It is estimated that, between the two fires, hundreds of looters have descended upon the struck areas. This has led to a greater presence of law enforcement members and even National Guards soldiers stationed at strategic areas in fire and evacuation zones. In some areas, this has resulted in streets being completely taped off with law enforcement members and soldiers blocking them from traffic, sometimes with vehicles like Humvees or military trucks.

This has also resulted in an influx of arrests – more than 40 arrests have been caught in the Pacific Palisades neighborhood and in Santa Monica by the Santa Monica Police Department. However, many are not being so easily deterred, as looting involving petty theft is a misdemeanor with a minimum sentence of only 90 days. Max sentences can only go up to 6 months. For more heightened offense looting, prison terms can go between 16 months to three years in a County jail, as well as a $10,000 fine. For many criminals, stealing in fire and evacuation areas is seen as worth it, and well worth the risk. Many of the now-burned homes were owned by wealthy residents, with the chance for finding valuables high.

With looting a huge issue, Hochman and Spitzer called for Newsom and other state leaders to make looting during an emergency a felony. According to the DA’s, they specifically want the Governor to “amend his prior proclamation to convene a 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 [judicial review] 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.” In addition, the legislation would close a loophole to create a new looting offense of trespass with intent to commit larceny.

“There is a special place in jail for those who exploit the vulnerable in the wake of deadly fires,” Hochman said earlier this week. “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. Opportunistic burglars and looters who target fire victims in their time of crisis are not only breaking the law—they are further deepening the suffering of those already facing unimaginable loss. 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.”

Proposed urgency legislation

Spitzer added, “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 and the clothes on their back. Dozens more perished, unable to escape the flames whipped into a fury by devil winds. And yet, in the darkest hours of the darkest days of their lives, while bodies are still sitting in graves of ash, criminals are circling like the vultures they are to pick through the ashes looking to steal anything of value. Current law falls woefully short for punishing these scavengers who are nothing more than graverobbers, stealing the last remaining possessions from those who have already lost everything, including their own lives. Our homes are not just buildings made of wood and glass, they are built with memories and laughter and sweat and tears. And now that so many of those walls have burned to the ground, leaving their owners with just their memories and their tears, we must demand accountability, and we must demand punishment, for those who are seizing the opportunity to plunder what little remains. We are urging Governor Newsom and the state Legislature to enact this urgency legislation and help hold these criminals accountable for their crimes.”

With Governor Newsom taking a lot of flak for not doing enough during the L.A. wildfires and trying to be seen in a positive light during the crisis, the question now becomes if he will do what they are asking of him. Further complicating this has been Newsom’s recent hardline stance against crime, particularly property crime, countering years of his support for progressive policies on crime. His new stance makes this an attractive piece of urgency legislation to sign, and an additional topic Newsom would have to answer for if he runs for President in three years.

“Newsom should heavily consider this bill,” said Rita Walker, a pollster focusing on crime-oriented propositions and ballot initiatives, to the Globe on Wednesday. “He doesn’t want District Attorneys, especially the newly elected Hochman, to think that they can dictate policy to him. But this proposed legislation is also too good to pass up. Newsom wants to be seen as a leader getting the L.A. area out of these fires and onto the road to recovery. On a more state level, he wants to be seen as strong against crime. This legislation would do all that. But again, he would likely want to lessen the credit they would get. His response will be very interesting.”

As of Wednesday, Newsom has yet to respond to the proposed urgency legislation.