After deadly storms, looting could become a crime

MONTGOMERY, Ala. — Before the April 27 first anniversary of last year's killer tornadoes, the Legislature may make it a crime, punishable by up to 10 years in prison, to commit looting after a natural disaster.

The looting legislation, sponsored by Republican Rep. John Merrill of Tuscaloosa, cleared the House on March 20 and the Senate Judiciary Committee on Wednesday, by unanimous votes. To become law, the bill needs only to be approved by the Senate and signed by the governor. Merrill said his bill could come up for a vote in the Senate as early as next week, and he's optimistic the Legislature and governor will act before April 27.

"That would mean a lot to our people and the people of the state," he said.

The tornadoes killed more than 240 people, injured about 2,800 and damaged or destroyed about 23,500 homes. Some who were forced out of their homes returned to find the property looted.

In Tuscaloosa County, officers made more than 20 arrests, but they found out traditional charges sometimes don't work. The attorney general's office prosecuted the first case March 6 and lost. The defendant was charged with burglary, but burglary requires entering a building. In this case, only portions of a building were left, and the prosecution couldn't show that the remnants met the requirements of a building under the burglary law.

Merrill said that's why Attorney General Luther Strange's staff wrote the legislation to establish the crime of looting when an area is under an emergency declaration issued by the governor or president. It would apply no matter what the status of a structure, he said. Someone convicted of looting could be sentenced from one to 10 years in prison and fined up to $15,000.