[§708-818]  Burglary of a building during a
civil defense emergency or disaster relief period.  (1)  A person commits
the offense of burglary of a building during a civil defense emergency or
disaster relief period if the person intentionally enters or remains unlawfully
in a building other than a dwelling with intent to commit therein a crime
against a person or against property rights during the time of a civil defense
emergency proclaimed by the governor pursuant to chapter 128, within the area
covered by the civil defense emergency or during the period of disaster relief
under chapter 127.



(2)  Burglary of a building during a civil
defense emergency or disaster relief period is a class B felony. [L 2006, c
116, pt of §3]



 



COMMENTARY ON §§708-817 AND 818



 



  Act 116, Session Laws 2006, added these sections, classifying
burglary of a dwelling during a civil defense emergency or during a period of
disaster relief, as a class A felony and of a building during a civil defense
emergency or during a period of disaster relief, as a class B felony. Act 116
penalized the commission of certain crimes during a time of a civil defense
emergency proclaimed by the governor or during a period of disaster relief. The
legislature found that Hurricanes Katrina and Rita created situations that
highlighted the prevalence of opportunistic crimes that can occur during these
times. When resources are needed to restore law and order, emergency response
aid to victims may be hampered or delayed, leaving victims at an increased risk
of bodily injury or death.  Stronger measures to control law and order may
deter looting and other crimes.  House Standing Committee Report No. 757-06,
Senate Standing Committee Report No. 3302, Conference Committee Report No.
64-06.