Source: POLITICO CA Playbook
“Voters spoke loud and clear that they don't want crime within their communities,” Assemblymember Blanca Pacheco, a Los Angeles County Democrat behind a proposal to stiffen penalties for looting and impersonating first responders during emergencies, told Playbook.
Legislators from Sacramento to the Hill have proposed lengthening prison sentences for burn-area burglars while Los Angeles Mayor Karen Bass and Newsom have deployed police to the areas and publicly emphasized that they’d done so.
It’s a notable contrast to last year, when Newsom and state lawmakers criticized the police-backed Proposition 36 for going too far in rolling back criminal justice reforms that were intended to end mass incarceration and freed up money for substance abuse programs. Prop 36 passed overwhelmingly, suggesting voter ire over retail theft in the same election that Trump made widespread gains in California.
“Voters spoke loud and clear that they don't want crime within their communities,” Assemblymember Blanca Pacheco, a Los Angeles County Democrat behind a proposal to stiffen penalties for looting and impersonating first responders during emergencies, told Playbook. “People are frustrated that they don't feel safe, and as you know, perception is reality.”
Tough talk on fire crime has little downside for Democrats. It allows them to show a responsiveness to voters' apparent shift on crime — and to anxiety in Los Angeles, where wildfires killed at least 29 people and destroyed thousands of homes. Dozens have been arrested on looting charges, and at least two were accused of impersonating firefighters during the recent blazes.
Those kinds of numbers are unlikely to cause a significant spike in incarceration rates in a state that imprisons over 91,000 people. The limited scope of the legislative efforts gives Democrats a chance to take a hardline stance without ramping up punishment on broad swaths of nonviolent crimes and jeopardizing their social justice bonafides.
The fires have also presented an early opportunity for Los Angeles District Attorney Nathan Hochman — who recently ousted his progressive predecessor George Gascón — to flex his harsher approach to theft. He is backing Pacheco’s effort and prioritizing the prosecution of fire-related crimes.
“We want to make sure that they understand that if they want to” loot, Hochman told Playbook, “they will be arrested, prosecuted and we will seek maximum sentences against them.”
As Playbook first reported, two Democratic representatives from California introduced legislation that would make it a federal crime to commit arson that starts or spreads a wildfire or steal during a state of emergency, and Republican state Sen. Suzette Martinez Valladares proposed making it a felony to impersonate a first responder or commit burglary during a state of emergency. Pacheco and fellow sponsors from both parties announced their bill on Monday.
There may still be opposition from lawmakers on the left. But just a handful of progressive Democrats voted against bills in last year’s anti-theft package, while most argued that proposals focused narrowly on specific offenses such as organized retail theft were appropriate.
The fire crime bills could also be driven forward by intense emotional animus toward people who are taking advantage of victims of a natural disaster.
“We recognize during evacuation orders, there is fear — not only fear of losing everything, your home, your possessions, but fear of scams, fear of impersonators, fear of looting,” Assemblymember John Harabedian said when announcing the legislation in his chamber. “It's despicable.”