HomeMy WebLinkAboutMINUTES - 06021992 - 1.56 � 10 56
TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator Costa
County
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DATE: May 28, 1992
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SUBJECT: LEGISLATION: SB 1840 (Pettis)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of SB 1840 by Senator Petris which
would declare that a person who commits second degree burglary,
grand theft or petty theft when a state of emergency results from
a fire is guilty of looting, thereby increasing the punishment upon
such a conviction. The bill also increases the penalties upon
conviction of a misdemeanor or felony committed as a part of a plan
to defraud the owner of a residential or nonresidential structure
in connection with the offer or performance of repairs for damage
caused by a natural disaster for which there has been a declared
emergency or state of emergency
BACKGROUND:
Under existing law, every person who commits second degree
burglary, grand theft or petty theft during and within an affected
county in a "state of emergency" or a "local emergency" resulting
from an earthquake or a flood is guilty of the crime of looting and
is thereby subject to more severe penalties as a result of a
conviction for any of these offenses .
Senator Petris has introduced SB 1840 which would expand the
definition of "looting" to situations where the declaration of an
emergency results from a fire in addition to an earthquake or
flood.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER :
SIGNATURE (S):
ACTION OF BOARD ONJune 2, 1992 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
—� I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED / "
Gary T. Yancey, District Attorney PHIL B HELOR,CLERK OF THE BOARD OF
Richard K. Rainey, Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn, SRJ. Jackson, Barish & Associates,
M382 (10/88) BY
-2-
In addition, SB 1840 would provide for sentence enhancements for
convictions of misdemeanors or felonies committed as a part of a
plan or scheme to defraud the owner of a structure in connection
with the offer or' performance of repairs for damages caused by a
natural disaster for which the Governor has proclaimed a state of
emergency or the President has declared an emergency or major
disaster.
The bill also addresses issues regarding rent control which are not
relevant in this County.
In view of the devastation caused by the Oakland Fire, it appears
appropriate to support efforts to punish more severely those who
commit crimes as a result of the disaster or attempt to profit from
the disaster. It is, therefore, recommended that the Board of
Supervisors indicate its support for SB 1840 .
SB 1840 passed the Senate Judiciary Committee April 20, 1992 by a
vote of 6 : 3 . The bill passed the Senate Appropriations Committee
May 12, 1992 by a vote of 7 : 1 and is currently on the Third Reading
File on the Senate Floor.