Penal Code - PEN 463. PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.] TITLE 13. OF CRIMES AGAINST PROPERTY [450. - 593g.] CHAPTER 2. Burglary [458. - 465.] (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 any of the following: (A) 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. (B) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, for one year after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (C) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, and is currently undergoing reconstruction, for up to three years after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (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) “Reconstruction” includes, but is not limited to, the time from initial debris removal through the issuance of the certificate of occupancy. (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 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 two, 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 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 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 one year or pursuant to subdivision (h) of Section 1170. (5) Notwithstanding Section 490.2, theft from an unlocked vehicle is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. This paragraph shall not preclude prosecution under any other provision of law. (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. Repealed and added by Stats. 2025, Ch. 533, Sec. 3. (AB 468) Effective January 1, 2026.