Pennsylvania House Bill HB2528

Pennsylvania 2023-2024 Regular Session

• Introduced: 8/12/24
• Refer: 8/12/24

Caption

In riot, disorderly conduct and related offenses, providing for the offense of looting.

Impact

If enacted, HB2528 will classify looting, under specified circumstances, as a felony of the second degree. This enhances the legal consequences of theft committed during significant societal disruptions, potentially serving both as a deterrent against opportunistic crime and as a controversial measure aimed at maintaining order during emergencies. The introduction of this bill reflects a legislative intent to strengthen the power of law enforcement during crises, which may alter the landscape of criminal law in Pennsylvania by creating a distinct category that recognizes the unique challenges faced by authorities during natural disasters and protests.

Summary

House Bill 2528 introduces a new offense of looting to Title 18 of the Pennsylvania Consolidated Statutes, which relates to crimes and offenses. The bill defines looting as the act of committing burglary or retail theft during or immediately following a natural disaster or during lawful protests or demonstrations of civil disobedience. By tying the offense specifically to these contexts, the bill seeks to address concerns about increased theft during chaotic situations while establishing clear legal boundaries regarding acceptable behavior during such events.

Sentiment

The reception of HB2528 appears to be mixed. Supporters of the bill argue that it is necessary for protecting property during vulnerable situations and for discouraging theft that can exacerbate the distress caused by disasters. Conversely, critics may view the bill as an encroachment on civil rights, particularly in relation to lawful protests, raising concerns about the potential for excessive law enforcement actions against individuals exercising their right to assemble. This dichotomy highlights the tension between maintaining public order and preserving civil liberties.

Contention

Notable points of contention surrounding HB2528 focus on the lack of clarity regarding what constitutes 'civil disobedience' and the potential for misuse of the law against lawful protesters. Critics worry that the bill could lead to overreach by law enforcement, leading to unfair prosecution of individuals participating in peaceful demonstrations. Additionally, the definition of 'natural disaster' in the bill raises questions about its applicability to various situations, which could impact its enforcement and prosecution in future cases.