CLA MEMORANDUM
March 21, 2007
TO:
Honorable Members,
hhtergovernental Relations Committee
FROM:
Gerr F. Miler 9, ~ tv
Chief
Set in IGR Cmte 3/23/07
C.F. 06-0002-S122 &,06-1632
Legislative Analyst
Legislation Enhancing
Assignent No. 06-07-1205
the Penalty for Robbery when Wearing a Mask
CLA RECOMMENDATION:
hhclude in its 2007-08 State Legislative Program adoption of the Resolution (Greuel-Weiss) to
perpetrators
sponsor legislation that would provide enhanced penalties for
commttg
robberies who
wear masks.
SUMARY:
On July 14, 2006, Resolution (Greuel-Weiss) was introduced which recommends including in the
City's 2007-08 State Legislative Program sponsorship oflegislation to provide that if a perpetrator
wears a mask in the commission of a robbery, State law be amended to enhance the penalties by two
the sentence, whichever is more.
years, or twenty-five percent of
According to the Los Angeles Police Deparment (LAPD), the number-of robberies in the City
increased by seven percent from approximately 6,800 durng the first six months ccf 2005 to
approximately 7,300 durng the same period in 2006. The LAPD also indicated that there was a fifty
percent increase in the use of disguises durng this period.
The LAPD indicated that the spike in robberies durng the first six months of 2006 could be
restaurants and
other establishments in the San Fernando Valley. The LAPD held at least three press conferences
the public in response to these robberies. The Department indicated it
requesting the assistance of
is not uncommon to have "copycat" crimes as a result of increased media attention, also noting that
robberies involving masks subsided in September 2006.
attributed to the media attention on the strng of
"ski mask" take-over robberies of
It is particularly diffcult for the LAPD to apprehend suspects wearng masks because ofthe inability
witnesses to identify the perpetrators and for sureilance systems to captue useable images. hh
of
addition, the use of masks makes it diffcult to link perpetrators to multiple crimes.
Police recommends that the state law on robbery include an enhanced provision that
if a mask is wom by the perpetrator, more time can be added to the sentence upon conviction-the sentence, whichever is
the balance of
either an additional two years or twenty-five percent of
more.
The Chief of
On July 14, 2006, Motion (Greuel-Weiss, C.F. 06-1632) was introduced on this topic, which
requested that the City Attorney report on (1) proposed language for State legislation relative to
enhancing sentences for robbery as detailed above, and (2) whether the City can independently seek
such a sentence enhancement though local ordinance. These reports have not been submitted to date.
FISCAL IMACT: There is no impact to the General Fund from this action.
f2~~
Anemare Sauer
Legislative Analyst
GFM:JWG:AS
Attachments: 1. Resolution (Greuel-Weiss)
2. Motion (Greuel-Weiss)
2
JUL 14 200 ('UL~.LtC SAFE'~ '1
MOTION
Due to the recent increase in robberies in the City, and the greater increase in the wearing of
masks or disguises by robbers, something must be done to help law enforcement meet ths
problem. The City is obligated to react to this increase in crime and the greater il!timidation that
a criminal poses to the public when he or she is not only attempting a robbery, but also wearng
an intimidating mask or disguise.
As the penalty sentence for the crime of robbery contains possible enhancements for the
displaying of a weapon and for firing the weapon, it should also have a sentence enhancement for
the wearing of a mask, like a ski mask. The Chief of Police believes that this is an appropriate
response to this problem.
The City Council wil be considering a companion Resolution to sponsor legislation to create
the sentence.
or 25% of
two years
robbery of
such a sentence enhancement for the commission of
The City Attorney should assist the Council in considering how to accomplish this sentence
enhancement in State law and also advise the Council on whether the City can add this sentence
locally by ordinance.
I THEREFORE MOVE that the City Attorney BE REQUESTED to report on (1) proposed
two years or 25% of
language for State legislation to have a sentence enhancement for robbery of
the sentence, and (2) whether the City can independently seek such a sentence enhancement
though a local ordinance.
Presented by:
Seconded by:
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