Bill would mandate jail time for looting during evacuations
11:16 AM CDT on Sunday, May 15, 2005
By MELINDA DESLATTE / Associated Press
Traffic snarls and storm near-misses deter enough people from evacuating when a hurricane is bearing down on cities and towns around south Louisiana. Two Houma-area lawmakers don't want fear of looting to further encourage people to batten down at their homes and wait for the blistering wind and rising floodwaters.
Only weeks away from the start of hurricane season on June 1, the Legislature is on track to approve a bill that would toughen penalties for looters who strike during a declared emergency, requiring they get at least three years in prison.
"We want to give some people a little more peace of mind so they can get out of there," said Rep. Damon Baldone, one of the two sponsors of the measure that is speeding through the Legislature and awaits one more vote before heading to the governor's desk for her signature.
Baldone and Sen. Reggie Dupre don't necessarily think the bill will get anyone to jump into their cars in a rush to evacuate, but they hope maybe it will stop residents from finding one more reason to stay home with a hurricane on its way.
And they say maybe it can deter people from breaking into vacated homes by knowing they will have a minimum three-year prison sentence awaiting them. Currently, state law provides for a maximum penalty of 15 years in prison and that would stay in law if the Baldone/Dupre bill passes, but it doesn't require any prison time.
Dupre said the bill also would apply to snow or ice storms, tornadoes and other types of emergency evacuations. But after a series of near-miss hurricanes in the past few years, most of the discussion has been about the storm season that looms large on the horizon.
The main objection to the measure came from the Louisiana chapter of the American Civil Liberties Union, which said judges should have discretion in sentencing people for property crimes — rather than a mandatory minimum sentence they must follow.
Baldone and Dupre both said they got the idea from an appellate court judge, and Terrebonne Sheriff Jerry Larpenter said he supports the bill even though there haven't been very many complaints of looters during hurricane evacuations in his area.
"We caught one with the last hurricane, Ivan. We had an individual who robbed four homes, including one of our detectives' homes," Larpenter said.
Larpenter said people should feel secure about leaving their homes as they run from storms. He doesn't believe a three-year minimum is strong enough.
"It's hard to patrol people's houses after a storm. It's open doors to anybody and everybody if they want to loot," he said. "Everybody should be helping each other rather than stealing from each other."
Bill would mandate jail time for looting during evacuations
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