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Title 16 — Emergency Powers
Title 16 — EMERGENCY POWERS
Chapter 1: Declaration and Scope of Emergency
Section 1601 Declaration of State of Emergency#
- (a) The Governor may declare a state of emergency only upon a written finding that conditions within the State present a specific and articulable threat requiring extraordinary measures to protect public safety, public health, critical infrastructure, or the continuity of government operations.
- (b) A declaration shall state:
- (1) the nature of the emergency conditions;
- (2) the effective date and time;
- (3) the geographic area affected, described with sufficient clarity to permit reasonable determination of whether a location is included; and
- (4) the specific emergency authorities to be exercised under this Title.
- (c) A declaration may be issued statewide or limited to specified jurisdictions, and shall not be enforced outside the geographic area stated in the declaration.
Section 1602 Filing, Publication, and Notice#
- (a) A declaration and any extension shall be filed with the Secretary of State and transmitted to the Chief Justice without undue delay, and shall be time-stamped upon filing.
- (b) The Executive Branch shall provide public notice as soon as practicable by reasonable means calculated to inform persons within the affected area, including publication through official bulletins or advisories and, when practicable, posting or broadcast within the affected area.
- (c) For purposes of enforcement of orders under this Title, the State shall be prepared to produce the declaration or order text, its effective time, and the method of public notice.
Section 1603 Geographic and Subject-Matter Limitation#
- (a) Emergency powers shall be exercised only to the extent reasonably necessary to address the emergency conditions described in the declaration.
- (b) Orders issued under this Title shall be narrowly tailored in duration, geography, and scope to the emergency purpose stated in the order.
- (c) An order that materially exceeds the declaration’s stated nature or geographic area is not enforceable under this Title.
Section 1604 Continuity of Government#
- (a) During a declared state of emergency, executive agencies may implement temporary operational measures necessary to maintain essential services, including emergency staffing, procurement, and resource allocation, consistent with law and judicial process.
- (b) Nothing in this section authorizes the suspension of warrant requirements, evidentiary chain-of-custody requirements, or other judicially enforceable process absent separate lawful authority.
Chapter 2: Emergency Orders; Temporary Modification of Law
Section 1610 Emergency Orders#
- (a) During a declared state of emergency, the Governor may issue written emergency orders necessary to protect life, property, and public order within the area covered by the declaration.
- (b) An emergency order shall state:
- (1) the emergency purpose;
- (2) the effective date and time;
- (3) the geographic area and duration; and
- (4) any exemptions or procedures for obtaining exemptions, when practicable.
- (c) Emergency orders may include directives to executive agencies, coordination requirements for local governments, and temporary rules for emergency operations.
Section 1611 Temporary Suspension or Modification of Statutes and Regulations#
- (a) During a declared state of emergency, the Governor may temporarily suspend or modify the operation of a statute or regulation only when strict compliance would materially hinder emergency response or the delivery of essential services.
- (b) An order under this section shall:
- (1) identify the specific provisions suspended or modified;
- (2) include a brief written necessity finding describing the hindrance addressed; and
- (3) state the duration and geographic scope of the suspension or modification.
- (c) No order under this section shall suspend constitutional protections, judicial authority, or the right of access to courts.
- (d) Prompt review: Upon petition by any person with standing, a court may promptly review an order issued under this section and may narrow, stay, or impose conditions on the order pending further proceedings.
Section 1612 Emergency Procurement and Resource Direction#
- (a) Executive agencies may procure goods and services and direct the use of State resources as reasonably necessary for emergency response, subject to post-action reporting and audit as required by law.
- (b) Nothing in this section authorizes the taking of private property without lawful process and just compensation where required.
Chapter 3: Curfews and Movement Restrictions (Authority and Standards)
Section 1620 Curfew Authority#
- (a) During a declared state of emergency, the Governor, or a local executive acting pursuant to an emergency order, may impose a curfew within the affected area when reasonably necessary to prevent violence, looting, widespread disorder, or to facilitate emergency operations.
- (b) A curfew order shall specify:
- (1) the restricted hours;
- (2) the geographic boundaries; and
- (3) categories of exempt persons and activities, and any procedure for obtaining an exemption when practicable.
- (c) Enforcement of a curfew should, when practicable and consistent with public safety, provide a warning and an opportunity to comply before custodial arrest for a first-time, non-dangerous violation.
Section 1621 Movement Restrictions and Area Controls#
- (a) During a declared state of emergency, the Governor, or a local executive acting pursuant to an emergency order, may restrict access to hazardous areas, establish evacuation zones, and control ingress and egress when reasonably necessary to protect the public or to support emergency response.
- (b) Orders under this section shall provide reasonable exemptions, when practicable, for emergency services, essential workers, medical needs, and lawful travel necessary to preserve life, health, or safety.
Section 1622 Checkpoints and Temporary Access Controls#
- (a) Peace officers may establish temporary checkpoints or access control points within an area subject to an emergency order when reasonably necessary to enforce curfews, evacuation orders, or hazardous-area restrictions.
- (b) A checkpoint shall have a stated emergency purpose and shall be operated in a manner reasonably related to that purpose.
- (c) When practicable, officers shall provide a brief notice of the restriction and the checkpoint’s emergency purpose.
- (d) A court may suppress or discount enforcement actions arising from a checkpoint that was not reasonably related to the declared emergency purpose.
Chapter 4: Emergency Enforcement Authority (Procedural)
Section 1625 Emergency Enforcement Coordination#
- (a) During a declared state of emergency, the Governor may direct State law enforcement and request mutual aid from local agencies to enforce emergency orders and to protect critical infrastructure.
- (b) Law enforcement discretion shall be exercised in good faith, with due regard for public order, individual rights, and the interests of justice.
Section 1626 Temporary Closure of Public Places#
- (a) During a declared state of emergency, the Governor, or a local executive acting pursuant to an emergency order, may temporarily close or restrict access to public facilities and specified venues when reasonably necessary to prevent imminent harm or to support emergency operations.
- (b) Orders under this section shall be limited to the minimum scope and duration reasonably necessary.
Section 1627 Emergency Access and Assistance#
- (a) Peace officers and emergency personnel may direct persons to leave an area subject to an evacuation order, or to avoid an area subject to hazardous-area restrictions, when reasonably necessary to protect life or facilitate emergency response.
- (b) When practicable, emergency personnel shall provide reasonable information regarding routes, shelters, or available assistance.
Chapter 5: Offenses Against Emergency Administration
Section 1635 Violation of Emergency OrderMISDEMEANOR#
- (a) Violating a curfew, evacuation order, hazardous-area restriction, closure order, or other emergency order issued under this Title.
- (b) Penalties:
- (1) Fine: $1,500 to $6,000
- (2) Imprisonment: 2 to 8 minutes
- (3) Bail: $3,000 to $18,000
Section 1636 Obstruction of Emergency OperationsMISDEMEANOR#
- (a) Materially interfering with, delaying, or obstructing emergency services, emergency personnel, or emergency operations during a declared state of emergency.
- (b) Penalties:
- (1) Fine: $3,000 to $9,000
- (2) Imprisonment: 5 to 12 minutes
- (3) Bail: $6,000 to $27,000
Section 1637 False Emergency Report During Declared EmergencyMISDEMEANOR#
- (a) Making a materially false report that causes emergency services to be dispatched or materially diverted during a declared state of emergency.
- (b) Penalties:
- (1) Fine: $4,000 to $12,000
- (2) Imprisonment: 6 to 15 minutes
- (3) Bail: $8,000 to $36,000
Section 1638 Looting During Declared EmergencyFELONY#
- (a) Taking property from a business, residence, or public facility during a declared state of emergency under circumstances exploiting evacuation, curfew, closure, or widespread disorder.
- (b) Penalties:
- (1) Fine: $50,000 to $150,000
- (2) Imprisonment: 30 to 60 minutes
- (3) Bail: $150,000 to $450,000
Chapter 6: Duration, Review, and Termination
Section 1630 Duration of Declaration#
- (a) A state of emergency declared under this Title shall expire 72 hours after issuance unless extended.
- (b) The Governor may extend a declaration in increments not exceeding 72 hours upon a written finding that emergency conditions continue to require extraordinary measures, and shall briefly state what conditions remain unresolved or what has changed since the prior declaration or extension.
- (c) Each extension shall be filed and noticed in the manner provided in Section 1602.
Section 1631 Legislative Review#
- (a) The Legislature may terminate a declared state of emergency, or any specific emergency order issued under this Title, by joint resolution.
- (b) Nothing in this section limits the authority of the courts to review emergency actions for compliance with the Constitution and laws of the State.
Section 1632 Judicial Review and Severability of Orders#
- (a) Any person with standing may seek judicial review of an emergency order issued under this Title.
- (b) Courts should provide expedited scheduling when feasible for challenges to emergency orders.
- (c) Upon a showing of likely unlawfulness or irreparable harm, a court may grant interim relief, including a temporary stay or narrowing of an order pending further proceedings.
- (d) If a court finds any portion of an emergency order unlawful, the court may enjoin the unlawful portion while leaving the remainder in effect to the extent it can operate independently and lawfully.
Section 1633 Termination and Wind-Down#
- (a) Upon termination or expiration of a declared state of emergency, emergency orders issued under this Title shall cease to have effect, except for provisions necessary to conclude ongoing emergency operations and to account for resources, not to exceed 24 hours unless otherwise ordered by a court.
- (b) Agencies shall, as practicable, return to ordinary legal and administrative procedures promptly after termination.
Chapter 7: Enhancements
Section 1650 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense is committed while armed with or using a deadly weapon in a manner that facilitates intimidation, resistance, or the commission of the offense.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1651 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense proximately causes serious bodily injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 1652 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title that have an identifiable person as a victim.
- (b) Triggered when: The victim is elderly, disabled, a minor, or an emergency worker or public official performing emergency duties, and the victim is targeted because of that status or the status is exploited.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 1653 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The defendant has a prior conviction for an offense under this Title that became final within 30 days before the commission of the current offense, excluding multiple charges arising from a single continuous incident.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%