<h1>SENATE COMMITTEE ON </h1>Senator Anna Caballero, Chair2023 - 2024 Regular SessionAB 2309 (Muratsuchi) - City attorney: state law: misdemeanor<table><tr><td colspan="2"></td></tr><tr><td>Version: </td><td>Policy Vote: </td></tr><tr><td>Urgency: </td><td>Mandate: </td></tr><tr><td>Hearing Date: </td><td>Consultant: </td></tr></table><h2>Bill Summary:</h2> AB 2309 authorizes specified city attorneys to prosecute statewide misdemeanors under specified circumstances. <h2>Fiscal Impact:</h2> <ul><li>Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate increased misdemeanor cases as a result of this bill. Certain rights to the defendants are attached to criminal proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation) authorizing additional entities to prosecute statewide crimes could lead to lengthier and more complex court proceedings with attendant workload and resource costs to the court. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred, if parties settle the matter before the filing of an action, and the factors unique to each case. An eight-hour court day costs approximately $8,000 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25. </li><li>Unknown, potentially significant cost pressures to cities (local funds) to pass ordinances, prosecute cases, and to pay for and provide rehabilitation and support services. </li></ul><h2>Background:</h2> Generally, existing law allows a city attorney to prosecute statewide crimes when the district attorney of a county consents. Decisions about whether and how to prosecute state misdemeanors carrying county jail or supervision (the costs of which are typically responsibility of the county) are generally left to the elected county District Attorney. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime.<h2>Proposed Law: </h2> This bill authorizes city attorneys to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting the prosecutorial authority described in this subdivision to the city attorney.This bill also provides that the prosecutorial authority granted to a city attorney is limited to cases filed and adjudicated in designated collaborative justice courts that provide rehabilitation and support services for criminal defendants to reduce recidivism, and the city attorney is wholly responsible for the costs of those rehabilitation and support services that a defendant receives.-- END --

<h1>SENATE COMMITTEE ON PUBLIC SAFETY</h1>Senator Aisha Wahab, Chair2023 - 2024 Regular Bill No:	AB 2309		 Hearing Date: July 2, 2024 <table><tr><td>Author:</td><td colspan="3">Muratsuchi</td></tr><tr><td>Version:</td><td colspan="3">June 19, 2024 </td></tr><tr><td>Urgency:</td><td>No</td><td>Fiscal:</td><td>No</td></tr><tr><td>Consultant:</td><td colspan="3">MK</td></tr></table>Subject: City attorney: state law: misdemeanor<h2>HISTORY</h2>Source:	City of Manhattan BeachPrior Legislation:	NoneSupport:	Beverly Hills Chamber of Commerce; City of Avalon; City of Mission Viejo; City of Orange; City of Santa Clarita; City of Stanton; League of California Cities; Los Angeles County Division, League of California Cities Opposition:	ACLU California Action; California District Attorneys Association; Monterey County District Attorney's Office - ODA - Salinas, CA; San Francisco Public Defender; Vera Institute of JusticeAssembly Floor Vote:	50 - 6<h2>See Comment 5 for amendments to be taken in Committee.</h2><h2>PURPOSE</h2><h2>This bill authorizes any city attorney of a general law city limited authority to prosecute misdemeanors committed within the city under specified circumstances if the legislative body of a city passes or an ordinance granting the prosecutorial authority to the city attorney.</h2>Existing law states the city attorney of any general law city or chartered city within the county, with the consent of the district attorney, may prosecute any misdemeanor committed within the city arising out of violation of law. (Government Code § 41803.5 (a).) Existing law provides that in any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law. (Government Code § 41803.5 (b).) Existing law requires whenever a city charter creates a city prosecutor office, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers:<ul><li><ol><li>The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Government Code § 72193 (a).) </li><li>Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such city, charged with having committed within the city any misdemeanor, a copy of the application for such writ shall be served upon such city prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon district attorneys. (Government Code § 72193 (c).) </li><li>On behalf of the people, the prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the city prosecutor shall immediately notify the city attorney who may take charge of the proceedings on behalf of the people, or become associated with the city prosecutor in the proceedings. (Government Code § 72193b (c).)</li></ol></li></ul>Existing law states the district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (Government Code,§ 26500.) This bill provides that notwithstanding the existing requirement that the district attorney consent, any general law city may prosecute any misdemeanor committed within the city arising out of a violation of state law provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.This bill provides that prosecutorial authority granted to a city attorney under this subdivision is limited to cases filed and adjudicated in designated collaborative justice courts that provide rehabilitation and support services for criminal defendants to reduce recidivism.This bill provides that that notwithstanding any of the above, the district attorney of the county retains the authority to intervene at their discretion to serve as the primary lead prosecutor for any misdemeanor committed within the city arising out of violation of state law.<h2>COMMENTS</h2>1. Need for This BillAccording to the author:Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county’s District Attorney’s Office if a city attorney does not have consent to prosecute misdemeanors. AB 2309 empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities. 2. Prosecutorial AuthorityGovernment Code Section 41803.5 only allows a city attorney to prosecute statewide crimes when the district attorney of a county consents. However, Government Code section 72193 grants city attorneys the authority to prosecute misdemeanors. It states: Whenever the charter of any city creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers:<ol><li>The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Gov. Code §732193 (a).) </li></ol>In counties like Los Angeles and San Francisco where progressive district attorneys opted not to prosecute lower level crimes, some cities have alleged a rise in minor crimes. In response, city attorneys began calling for the authority to prosecute misdemeanors themselves. In 1996, the Attorney General issued an opinion explaining city attorney prosecutorial authority. Charter cities have governing documents adopted by City voters. General law cities mostly operate via municipal codes that are approved by the City Council. (See Cal. Const., art. XI, §§ 3, 5; Gov. Code, §§ 34450- 34462.) While the prosecution of city ordinances is a local matter, the prosecution of all state laws, including state misdemeanor offenses, is a matter of statewide concern, wherever committed. Accordingly, it is only through legislative authorization that a city prosecutor, whether in a general law or charter city, may prosecute state misdemeanors. (See Montgomery v. Superior Court (1975) 46 Cal.App.3d 657; City of Merced v. County of Merced (1966) 240 Cal.App.2d 763; Oppenheimer v. Tamblyn (1959) 167 Cal.App.2d 158; 65 Ops.Cal.Atty.Gen. 330, 332-333 (1982).) The prosecution of state misdemeanor offenses is assigned generally to the district attorney of each county. (Gov. Code, § 26500; 20 Ops.Cal.Atty.Gen. 234 (1952).) However, city attorneys may also be authorized to prosecute such offenses within their respective cities. Section 41803.5, subdivision (a), applicable to both general law and charter cities, provides:&quot;With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. . . .&quot;Section 72193, applicable only to charter cities, states:Whenever the charter of any city situated within a district for which a municipal court has been established creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses ari<a id="PAGE_7058"></a>sing out of violations of state. Consequently, when the provisions of section 72193 are implemented by a charter city, the city attorney has the primary duty of prosecuting state misdemeanors within the city, with the district attorney acting in a subsidiary or &quot;backup&quot; role. (See <a href="https://advance.lexis.com/document/documentlink/?pdmfid=1000516&amp;crid=866be528-48a7-493f-830b-d68291d5fb24&amp;pddocfullpath=%2Fshared%2Fdocument%2Fadministrative-materials%2Furn%3AcontentItem%3A3RJM-WYJ0-003Y-Y1GB-00000-00&amp;pdcontentcomponentid=9722&amp;pddoctitle=79+Ops.+Cal.+Atty.+Gen.+46&amp;pdproductcontenttypeid=urn%3Apct%3A5&amp;pdiskwicview=false&amp;ecomp=grsyk&amp;prid=398f8d7f-9b9b-434b-8e13-ca8fd2485751">Menveg v. Municipal Court (1964) 226 Cal.App.2d 569, 571-572</a>, quoting with approval our 1952 opinion, but noting that the Legislature may give the district attorney exclusive jurisdiction to prosecute violations of particular state laws. (1996 Cal. AG LEXIS 8, *1, 79 Ops. Cal. Atty. Gen. 46, 46.) Existing law authorizes general law and charter cities may allow a city attorney to prosecute any statewide misdemeanor with permission from the District Attorney. However, charter cities may pass an amendment to the charter to specify whether a city attorney may prosecute any or all misdemeanors. This bill allows general law or charter cities, by passing an ordinance, to authorize a city attorney of a general law to prosecute any misdemeanor committed within that city when those cases are filed and adjudicated in the designated collaborative justice courts that provide rehabilitation and support services for criminal defendants to reduce recidivism.3. Cases that are in collaborative courtWhat impact will a city prosecuting misdemeanors have on the collaborative courts in that county? Will it result in people who would have gotten cases dismissed or been granted probation taking spaces in collaborative courts? 4. City attorney prosecutor without explicit ok from District AttorneyThis bill allows a city attorney, upon passing an ordinance, to prosecute misdemeanors within the city’s boundaries when they are brought in designated collaborative cases.Unlike earlier versions of this bill, this bill does explicitly say that the district attorney of the county retains the authority to intervene at their discretion Does granting the District Attorney the authority to intervene take care of the issue about what happens if both the elected District Attorney and the city try to file on the same case and what happens if the crime is a wobbler that could have been filed as a felony if certain factors exist?5. Amendment to be taken in CommitteeThe author has agreed to amend the bill to clarify that the city granted prosecutorial authority under this bill is required to pay for the cost of the rehabilitation and support services received by the defendant.6. Argument in SupportThe League of California Cities support this bill stating:Current law allows city attorneys in general law cities or chartered cities to prosecute state law misdemeanors if they are provided consent by the county district attorney to do so. In December 2020, the Los Angeles District Attorney’s Office issued a Special Directive 20-07 titled, “Misdemeanor Case Management” which listed certain misdemeanor offenses that will be declined or dismissed before arraignment, unless “exceptions or factors for consideration” exist to proceed. These offenses include:• Trespassing • Disturbing the peace • Criminal threats • Drinking in public • Public intoxication • Driving without a valid license • Driving on a suspended license • Drug and paraphernalia possession • Minor in possession of alcohol • Loitering • Loitering to commit prostitution • Resisting arrest As a result of this directive, some cities in Los Angeles County that rely on the District Attorney’s Office for the prosecution of their misdemeanors have explored avenues of handling their own prosecutions of misdemeanors by their city attorneys. Currently, around 10 cities in Los Angeles County, comprising around 50% of the population of the county, have the authority for their city attorneys to prosecute misdemeanor cases without the consent of the district attorney.Repealing the consent requirement between the District Attorney and cities would allow cities to appropriately prioritize misdemeanor offenses that are a lower priority to a district attorney. This could include many of the misdemeanor retail theft and shoplifting offenses that are occurring in many cities around the state addressing the retail theft crisis.6. Argument in OppositionThe California District Attorneys Association oppose this bill stating:While we share your concern about the increase in crime and the lack of prosecution of some of these offenses by district attorneys – particularly lower level and non-violent offenses that impact the quality of life in our communities – removing the consent requirement statewide could have unintended consequences. For example, without the consent of and coordination with the local district attorney, there could be situations involving a “race to the courthouse” to establish jurisdictional authority over a prosecution, or post-filing litigation concerning theproper prosecuting agency.In addition, the district attorney is a constitutionally elected county official. And for good reason. District attorneys represent the government in criminal cases and are responsible for ensuring that justice is served by prosecuting individuals accused of committing crimes. They represent the people of their jurisdiction and have a duty to seek justice in every case, carefully evaluating the evidence presented and protecting the rights of the accused. As elected officeholders, they are accountable to the public and make decisions everyday about what type of crimes to prosecute, whom to bring charges against, and what punishment to seek. Delegating this important responsibility to city attorneys, who are not constitutionally elected officials, and without the consent and concurrence of the elected district attorney, could have larger consequences for the criminal justice system.-- END –

<h1>SENATE COMMITTEE ON PUBLIC SAFETY</h1>Senator Aisha Wahab, Chair2023 - 2024 Regular Bill No:	AB 2309		 Hearing Date: June 11, 2024 <table><tr><td>Author:</td><td colspan="3">Muratsuchi</td></tr><tr><td>Version:</td><td colspan="3">May 9, 2024 </td></tr><tr><td>Urgency:</td><td>No</td><td>Fiscal:</td><td>No</td></tr><tr><td>Consultant:</td><td colspan="3">MK</td></tr></table>Subject: City attorney: state law: misdemeanor<h2>HISTORY</h2>Source:	City of Manhattan BeachPrior Legislation:	NoneSupport:	Beverly Hills Chamber of Commerce; City of Avalon; League of California Cities; Los Angeles County Division, League of California Cities; City of Mission Viejo; City of Orange; City of Santa Clarita; City of Stanton Opposition:	ACLU California Action; California District Attorneys Association; Monterey County District Attorney's Office - ODA - Salinas, CA; San Francisco Public DefenderAssembly Floor Vote:	50 - 6<h2>PURPOSE</h2><h2>This bill authorizes any city attorney of a general law city or charter law city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney.</h2>Existing law states the city attorney of any general law city or chartered city within the county, with the consent of the district attorney, may prosecute any misdemeanor committed within the city arising out of violation of law. (Government Code § 41803.5 (a).) Existing law provides that in any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law. (Government Code § 41803.5 (b).) Existing law requires whenever a city charter creates a city prosecutor office, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers:<ul><li><ol><li>The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Government Code § 72193 (a).) </li><li>Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such city, charged with having committed within the city any misdemeanor, a copy of the application for such writ shall be served upon such city prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon district attorneys. (Government Code § 72193 (c).) </li><li>On behalf of the people, the prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the city prosecutor shall immediately notify the city attorney who may take charge of the proceedings on behalf of the people, or become associated with the city prosecutor in the proceedings. (Government Code § 72193b (c).)</li></ol></li></ul>Existing law states the district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (Government Code,§ 26500.) This bill provides that notwithstanding the existing requirement that the district attorney consent, any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of a violation of state law provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.This bill provides that a city may rescind the ordinance establishing prosecutorial authority at which time the authority shall cease to exist.This bill provides that it does not impact provisions governing charter cities’ ability to appoint a city prosecutor in their charter.<h2>COMMENTS</h2>1. Need for This BillAccording to the author:Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county’s District Attorney’s Office if a city attorney does not have consent to prosecute misdemeanors. AB 2309 empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities. 2. Prosecutorial AuthorityGovernment Code Section 41803.5 only allows a city attorney to prosecute statewide crimes when the district attorney of a county consents. However, Government Code section 72193 grants city attorneys the authority to prosecute misdemeanors. It states: Whenever the charter of any city creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers:(a) The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Gov. Code, 732193, subd. (a).) However, there has been a great deal of consternation in counties like Los Angeles and San Francisco where progressive district attorneys opted not to prosecute lower level crimes. In response, city attorneys began calling for the authority to prosecute misdemeanors themselves. In 1996, the Attorney General issued an opinion explaining city attorney prosecutorial authority. Charter cities have governing documents adopted by City voters. General law cities mostly operate via municipal codes that are approved by the City Council. (See Cal. Const., art. XI, §§ 3, 5; Gov. Code, §§ 34450- 34462.) While the prosecution of city ordinances is a local matter, the prosecution of all state laws, including state misdemeanor offenses, is a matter of statewide concern, wherever committed. Accordingly, it is only through legislative authorization that a city prosecutor, whether in a general law or charter city, may prosecute state misdemeanors. (See Montgomery v. Superior Court (1975) 46 Cal.App.3d 657; City of Merced v. County of Merced (1966) 240 Cal.App.2d 763; Oppenheimer v. Tamblyn (1959) 167 Cal.App.2d 158; 65 Ops.Cal.Atty.Gen. 330, 332-333 (1982).) The prosecution of state misdemeanor offenses is assigned generally to the district attorney of each county. (Gov. Code, § 26500; 20 Ops.Cal.Atty.Gen. 234 (1952).) However, city attorneys may also be authorized to prosecute such offenses within their respective cities. Section 41803.5, subdivision (a), applicable to both general law and charter cities, provides:&quot;With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. . . .&quot;Section 72193, applicable only to charter cities, states:&quot;Whenever the charter of any city situated within a district for which a municipal court has been established creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses ari<a id="PAGE_7058"></a>sing out of violations of state. Consequently, when the provisions of section 72193 are implemented by a charter city, the city attorney has the primary duty of prosecuting state misdemeanors within the city, with the district attorney acting in a subsidiary or &quot;backup&quot; role. (See <a href="https://advance.lexis.com/document/documentlink/?pdmfid=1000516&amp;crid=866be528-48a7-493f-830b-d68291d5fb24&amp;pddocfullpath=%2Fshared%2Fdocument%2Fadministrative-materials%2Furn%3AcontentItem%3A3RJM-WYJ0-003Y-Y1GB-00000-00&amp;pdcontentcomponentid=9722&amp;pddoctitle=79+Ops.+Cal.+Atty.+Gen.+46&amp;pdproductcontenttypeid=urn%3Apct%3A5&amp;pdiskwicview=false&amp;ecomp=grsyk&amp;prid=398f8d7f-9b9b-434b-8e13-ca8fd2485751">Menveg v. Municipal Court (1964) 226 Cal.App.2d 569, 571-572</a>, quoting with approval our 1952 opinion, but noting that the Legislature may give the district attorney exclusive jurisdiction to prosecute violations of particular state laws. (1996 Cal. AG LEXIS 8, *1, 79 Ops. Cal. Atty. Gen. 46, 46.) Existing law authorizes general law and charter cities may allow a city attorney to prosecute any statewide misdemeanor with permission from the District Attorney. However, charter cities may pass an amendment to the charter to specify whether a city attorney may prosecute any or all misdemeanors. This bill allows general law or charter cities, by passing an ordinance, to authorize a city attorney of a general law or a chartered city to prosecute any misdemeanor committed within that city. 3. Changes to how Charter Cities can appoint a city prosecutorExisting law allows a Charter City to appoint city prosecutor if the charter allows for one. This bill would go around the charter process to allow for the prosecution of misdemeanors by a city attorney by ordinance. Amendments to a charter are governed by election law and must be submitted to the voters. (See Elections Code § 9255). By allowing a city prosecutor to be created by an ordinance in a charter city, are we taking powers away from the voters to vote on such a matter?4. City attorney prosecutor without ok from District AttorneyThis bill allows a city attorney, upon passing an ordinance, to prosecute misdemeanors within the city’s boundaries.If both the elected District Attorney and the city are prosecuting misdemeanors, with no agreement between the offices, does this end up being a race to the courtroom for who can file first? How do the courts react if two cases are filed simultaneously?What happens if the crime is a wobbler that could have been filed as a felony if certain factors exist but the city attorney files the misdemeanor first?Do District Attorneys have a perspective on how serious a misdemeanor is in the large scheme of criminal behavior so that they know when diversion, probation, or jail time is appropriate, whereas someone just prosecuting local misdemeanors may not and thus push for a trial or a longer life changing sentence for a defendant who could have been steered away from crime by a sentence less likely to impact their family, job etc. What is the impact on the courts if there are more misdemeanor trials or cases are not settled earlier in the process?5. Argument in SupportThe League of California Cities support this bill stating:Current law allows city attorneys in general law cities or chartered cities to prosecute state law misdemeanors if they are provided consent by the county district attorney to do so. In December 2020, the Los Angeles District Attorney’s Office issued a Special Directive 20-07 titled, “Misdemeanor Case Management” which listed certain misdemeanor offenses that will be declined or dismissed before arraignment, unless “exceptions or factors for consideration” exist to proceed. These offenses include:• Trespassing • Disturbing the peace • Criminal threats • Drinking in public • Public intoxication • Driving without a valid license • Driving on a suspended license • Drug and paraphernalia possession • Minor in possession of alcohol • Loitering • Loitering to commit prostitution • Resisting arrest As a result of this directive, some cities in Los Angeles County that rely on the District Attorney’s Office for the prosecution of their misdemeanors have explored avenues of handling their own prosecutions of misdemeanors by their city attorneys. Currently, around 10 cities in Los Angeles County, comprising around 50% of the population of the county, have the authority for their city attorneys to prosecute misdemeanor cases without the consent of the district attorney.Repealing the consent requirement between the District Attorney and cities would allow cities to appropriately prioritize misdemeanor offenses that are a lower priority to a district attorney. This could include many of the misdemeanor retail theft and shoplifting offenses that are occurring in many cities around the state addressing the retail theft crisis.6. Argument in OppositionThe California District Attorneys Association oppose this bill stating:While we share your concern about the increase in crime and the lack of prosecution of some of these offenses by district attorneys – particularly lower level and non-violent offenses that impact the quality of life in our communities – removing the consent requirement statewide could have unintended consequences. For example, without the consent of and coordination with the local district attorney, there could be situations involving a “race to the courthouse” to establish jurisdictional authority over a prosecution, or post-filing litigation concerning theproper prosecuting agency.In addition, the district attorney is a constitutionally elected county official. And for good reason. District attorneys represent the government in criminal cases and are responsible for ensuring that justice is served by prosecuting individuals accused of committing crimes. They represent the people of their jurisdiction and have a duty to seek justice in every case, carefully evaluating the evidence presented and protecting the rights of the accused. As elected officeholders, they are accountable to the public and make decisions everyday about what type of crimes to prosecute, whom to bring charges against, and what punishment to seek. Delegating this important responsibility to city attorneys, who are not constitutionally elected officials, and without the consent and concurrence of the elected district attorney, could have larger consequences for the criminal justice system.-- END –

<h1>ASSEMBLY THIRD READING</h1><h1>ATR Bill Id:AB 2309</h1> Author:(Muratsuchi and Pacheco)As Amended Ver:May 9, 2024Majority vote<h2>SUMMARY</h2><ol><li>Authorizes any city attorney of a general law city or chartered city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney.</li><li>Requires any authority granted to a city attorney to prosecute a statewide misdemeanor, notwithstanding the district attorney's consent, may be rescinded by the city, and any authority shall terminate on whatever date is specified in the rescinding ordinance. </li></ol><h3>Major Provisions</h3> <h2>COMMENTS</h2> <h3>According to the Author</h3>&quot;Currently, cities cannot prosecute state misdemeanors that occur within their city without consent from the District Attorney. In 2020, Los Angeles County District Attorney George Gascon issued a directive which specified that certain misdemeanors would be dismissed before arraignment unless &quot;exceptions&quot; or &quot;factors for consideration&quot; exist. &quot;In response to this directive, the City of Manhattan Beach attempted to contract with the City of Redondo Beach for prosecutorial services in order to prosecute the misdemeanors that the District Attorney's Office would be dismissing. This is an arrangement that the City of Hermosa Beach has had with the City of Redondo Beach since 2014. Despite having the willingness and ability to contract for prosecutorial services, the City of Manhattan Beach's request for consent to prosecute was denied.&quot;Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county's District Attorney's Office if a city attorney does not have consent to prosecute misdemeanors. [This bill] empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities.&quot;<h3>Arguments in Support</h3>According to the South Bay Association of Chambers of Commerce (SBACC): &quot;As representatives of the business community in the South Bay region, comprising 17 local chambers of commerce, we recognize the importance of effective governance and legislation that promotes the well-being of our communities and businesses alike. [This bill] addresses critical issues related to the prosecution of misdemeanors and the enforcement of public health standards, both of which are vital components of maintaining public safety and fostering economic prosperity. The proposed amendments outlined in [this bill] offer practical solutions to streamline legal processes and enhance accountability in the prosecution of misdemeanors arising from violations of state law within our cities. By granting city attorneys broader authority to prosecute misdemeanors without the need for prior consent from district attorneys, this bill facilitates more efficient legal proceedings, thereby reducing bureaucratic hurdles and ensuring timely justice. &quot;Furthermore, [this bill] strengthens the reporting obligations of health officers regarding violations of standards at public beaches. By requiring health officers to report such violations directly to both the district attorney and city attorney without restrictions, the bill enhances transparency and expedites the remediation of environmental hazards, safeguarding the health and well-being of our residents and visitors. We also commend the inclusion of provisions for state reimbursement to local agencies and school districts for any mandated costs associated with implementing [this bill]. This demonstrates a commitment to fiscal responsibility and ensures that local jurisdictions are adequately supported in fulfilling their responsibilities under the proposed legislation. [This bill] aligns with the SBACC's mission to advocate for policies that promote economic growth, community development, and public safety. We urge you to support this important legislation, which will benefit our region and the state of California as a whole.&quot;<h3>Arguments in Opposition</h3>According to the Felony Murder Elimination Project: &quot;Under existing law, county district attorneys have jurisdiction to prosecute state offenses allegedly occurring in their counties. (Government Code, [Section] 26500.) Government Code, section 41803 permits a city attorney to prosecute misdemeanor offenses arising out of a violation of state law – but only with the consent of the county district attorney. We believe the current arrangement strikes the correct balance, leaving decisions about whether and how to prosecute state misdemeanors carrying county jail time to one county agency. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime. &quot;In contrast, [this bill] would allow city attorneys to prosecute misdemeanors even if the district attorney has already determined that charges are not appropriate or are not in the interest of justice. Given racial and economic disparities across counties – particularly between urban, suburban, and rural areas within the same county – we fear divergent charging practices between the district attorney and the city attorney could have discriminatory results, with lower income Black and Brown defendants who live in inner cities being prosecuted differently than their wealthier white counterparts who live in other parts of the county. &quot;Because state misdemeanor offenses carry possible incarceration in county jails and/or county probation supervision, we believe that authorization to prosecute such offenses should remain a county responsibility. Decisions about the use or misuse of scarce county resources factor into district attorneys' prosecutorial decision making. When a district attorney has determined that such resources are not warranted, that decision should not be overridden by the city attorney.&quot;<h2>FISCAL COMMENTS</h2>Unknown. This bill is keyed non-fiscal by the Legislative Counsel.<h2>VOTES</h2>ASM PUBLIC SAFETY: 7-0-1YES: McCarty, Alanis, Stephanie Nguyen, Reyes, Ting, Wilson, ZburABS, ABST OR NV: Lackey<h2>UPDATED</h2>VERSION: May 9, 2024CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744	 FN: 0002912

<h1>ASSEMBLY THIRD READING</h1><h1>ATR Bill Id:AB 2309</h1> Author:(Muratsuchi and Pacheco)As Amended Ver:April 17, 2024Majority vote<h2>SUMMARY</h2>Authorizes any city attorney of a general law city or charter law city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney. <h3>Major Provisions</h3> <h2>COMMENTS</h2> <h3>According to the Author</h3>&quot;Currently, cities cannot prosecute state misdemeanors that occur within their city without consent from the District Attorney. In 2020, Los Angeles County District Attorney George Gascon issued a directive which specified that certain misdemeanors would be dismissed before arraignment unless &quot;exceptions&quot; or &quot;factors for consideration&quot; exist. &quot;In response to this directive, the City of Manhattan Beach attempted to contract with the City of Redondo Beach for prosecutorial services in order to prosecute the misdemeanors that the District Attorney's Office would be dismissing. This is an arrangement that the City of Hermosa Beach has had with the City of Redondo Beach since 2014. Despite having the willingness and ability to contract for prosecutorial services, the City of Manhattan Beach's request for consent to prosecute was denied.&quot;Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county's District Attorney's Office if a city attorney does not have consent to prosecute misdemeanors. [This bill] empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities.&quot;<h3>Arguments in Support</h3>According to the South Bay Association of Chambers of Commerce (SBACC): &quot;As representatives of the business community in the South Bay region, comprising 17 local chambers of commerce, we recognize the importance of effective governance and legislation that promotes the well-being of our communities and businesses alike. [This bill] addresses critical issues related to the prosecution of misdemeanors and the enforcement of public health standards, both of which are vital components of maintaining public safety and fostering economic prosperity. The proposed amendments outlined in [this bill] offer practical solutions to streamline legal processes and enhance accountability in the prosecution of misdemeanors arising from violations of state law within our cities. By granting city attorneys broader authority to prosecute misdemeanors without the need for prior consent from district attorneys, this bill facilitates more efficient legal proceedings, thereby reducing bureaucratic hurdles and ensuring timely justice. &quot;Furthermore, [this bill] strengthens the reporting obligations of health officers regarding violations of standards at public beaches. By requiring health officers to report such violations directly to both the district attorney and city attorney without restrictions, the bill enhances transparency and expedites the remediation of environmental hazards, safeguarding the health and well-being of our residents and visitors. We also commend the inclusion of provisions for state reimbursement to local agencies and school districts for any mandated costs associated with implementing [this bill]. This demonstrates a commitment to fiscal responsibility and ensures that local jurisdictions are adequately supported in fulfilling their responsibilities under the proposed legislation. [This bill] aligns with the SBACC's mission to advocate for policies that promote economic growth, community development, and public safety. We urge you to support this important legislation, which will benefit our region and the state of California as a whole.&quot;<h3>Arguments in Opposition</h3>According to the Felony Murder Elimination Project: &quot;Under existing law, county district attorneys have jurisdiction to prosecute state offenses allegedly occurring in their counties. (Government Code, [Section] 26500.) Government Code, section 41803 permits a city attorney to prosecute misdemeanor offenses arising out of a violation of state law – but only with the consent of the county district attorney. We believe the current arrangement strikes the correct balance, leaving decisions about whether and how to prosecute state misdemeanors carrying county jail time to one county agency. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime. &quot;In contrast, [this bill] would allow city attorneys to prosecute misdemeanors even if the district attorney has already determined that charges are not appropriate or are not in the interest of justice. Given racial and economic disparities across counties – particularly between urban, suburban, and rural areas within the same county – we fear divergent charging practices between the district attorney and the city attorney could have discriminatory results, with lower income Black and Brown defendants who live in inner cities being prosecuted differently than their wealthier white counterparts who live in other parts of the county. &quot;Because state misdemeanor offenses carry possible incarceration in county jails and/or county probation supervision, we believe that authorization to prosecute such offenses should remain a county responsibility. Decisions about the use or misuse of scarce county resources factor into district attorneys' prosecutorial decision making. When a district attorney has determined that such resources are not warranted, that decision should not be overridden by the city attorney.&quot;<h2>FISCAL COMMENTS</h2>Unknown. This bill is keyed non-fiscal by the Legislative Counsel. <h2>VOTES</h2>ASM PUBLIC SAFETY: 7-0-1YES: McCarty, Alanis, Stephanie Nguyen, Reyes, Ting, Wilson, ZburABS, ABST OR NV: Lackey<h2>UPDATED</h2>VERSION: April 17, 2024CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744	 FN: 0002781

Date of Hearing: April 23, 2024Counsel: Kimberly Horiuchi<h1>ASSEMBLY COMMITTEE ON </h1>Kevin McCarty, Chair<h1>ABPCA Bill Id:</h1> Author:() – As Ver:SUMMARY: Authorizes any city attorney of a general law city or charter law city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney. EXISTING LAW: <ol><li>States the city attorney of any general law city or chartered city within the county, with the consent of the district attorney, may prosecute any misdemeanor committed within the city arising out of violation of law. (Gov. Code, § 41803.5, subd. (a).) </li><li>Provides that in any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law. (Gov. Code, § 41803.5, subd. (b).) </li><li>Requires whenever a city charter creates a city prosecutor office, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers: <ol><li>The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Gov. Code, § 72193, subd. (a).) </li><li>Whenever any person applying for a writ of habeas corpus is held in custody by any peace officer of such city, charged with having committed within the city any misdemeanor, a copy of the application for such writ shall be served upon such city prosecutor at the time and in the manner provided by law for the service of writs of habeas corpus upon district attorneys. (Gov. Code, § 72193, subd. (c).) </li><li>On behalf of the people, the prosecutor shall conduct all proceedings relating to such application. If the constitutionality of any law is questioned in any such habeas corpus proceeding, the city prosecutor shall immediately notify the city attorney who may take charge of the proceedings on behalf of the people, or become associated with the city prosecutor in the proceedings. (Gov. Code, § 72193, subd. (c).) </li></ol></li><li>States the district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (Gov. Code, § 26500.) </li></ol>FISCAL EFFECT: UnknownCOMMENTS: <ol><li>Author’s Statement: According to the author, “Currently, cities cannot prosecute state misdemeanors that occur within their city without consent from the District Attorney. In 2020, Los Angeles County District Attorney George Gascon issued a directive which specified that certain misdemeanors would be dismissed before arraignment unless “exceptions” or “factors for consideration” exist. </li></ol>“In response to this directive, the City of Manhattan Beach attempted to contract with the City of Redondo Beach for prosecutorial services in order to prosecute the misdemeanors that the District Attorney’s Office would be dismissing. This is an arrangement that the City of Hermosa Beach has had with the City of Redondo Beach since 2014. Despite having the willingness and ability to contract for prosecutorial services, the City of Manhattan Beach’s request for consent to prosecute was denied.“Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county’s District Attorney’s Office if a city attorney does not have consent to prosecute misdemeanors. AB 3209 empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities. <ol><li>Prosecutorial Authority: Government code section 41803.5 only allows a city attorney to prosecute statewide crimes when the district attorney of a county consents. However, Government Code section 72193 grants city attorneys the authority to prosecute misdemeanors. It states: </li></ol>Whenever the charter of any city creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses arising out of violations of state laws, the city prosecutor may exercise the following powers:(a) The city prosecutor shall prosecute all such misdemeanors committed within the city, and handle all appeals arising from it. The city prosecutor shall draw complaints for such misdemeanors, and shall prosecute all recognizances or bail bond forfeitures arising from or resulting from the commission of such offenses. (Gov. Code, 732193, subd. (a).) However, there has been a great deal of consternation in counties like Los Angeles and San Francisco where progressive district attorneys opted not to prosecute lower level crimes. In response, city attorneys began calling for the authority to prosecute misdemeanors themselves. In 1996, the Attorney General issued an opinion explaining city attorney prosecutorial authority. Charter cities have governing documents adopted by City voters. General law cities mostly operate via municipal codes that are approved by the City Council. (See Cal. Const., art. XI, §§ 3, 5; Gov. Code, §§ 34450- 34462.) “While the prosecution of city ordinances is a local matter, the prosecution of all state laws, including state misdemeanor offenses, is a matter of statewide concern, wherever committed. Accordingly, it is only through legislative authorization that a city prosecutor, whether in a general law or charter city, may prosecute state misdemeanors. (See Montgomery v. Superior Court (1975) 46 Cal.App.3d 657; City of Merced v. County of Merced (1966) 240 Cal.App.2d 763; Oppenheimer v. Tamblyn (1959) 167 Cal.App.2d 158; 65 Ops.Cal.Atty.Gen. 330, 332-333 (1982).) The prosecution of state misdemeanor offenses is assigned generally to the district attorney of each county. (Gov. Code, § 26500; 20 Ops.Cal.Atty.Gen. 234 (1952).) However, city attorneys may also be authorized to prosecute such offenses within their respective cities. Section 41803.5, subdivision (a), applicable to both general law and charter cities, provides:&quot;With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. . . .&quot;Section 72193, applicable only to charter cities, states:&quot;Whenever the charter of any city situated within a district for which a municipal court has been established creates the office of city prosecutor, or provides that a deputy city attorney shall act as city prosecutor, and charges such prosecutor with the duty, when authorized by law, of prosecuting misdemeanor offenses ari<a id="PAGE_7058"></a>sing out of violations of state. Consequently, when the provisions of section 72193 are implemented by a charter city, the city attorney has the primary duty of prosecuting state misdemeanors within the city, with the district attorney acting in a subsidiary or &quot;backup&quot; role. (See <a href="https://advance.lexis.com/document/documentlink/?pdmfid=1000516&amp;crid=866be528-48a7-493f-830b-d68291d5fb24&amp;pddocfullpath=%2Fshared%2Fdocument%2Fadministrative-materials%2Furn%3AcontentItem%3A3RJM-WYJ0-003Y-Y1GB-00000-00&amp;pdcontentcomponentid=9722&amp;pddoctitle=79+Ops.+Cal.+Atty.+Gen.+46&amp;pdproductcontenttypeid=urn%3Apct%3A5&amp;pdiskwicview=false&amp;ecomp=grsyk&amp;prid=398f8d7f-9b9b-434b-8e13-ca8fd2485751">Menveg v. Municipal Court (1964) 226 Cal.App.2d 569, 571-572</a>, quoting with approval our 1952 opinion, but noting that the Legislature may give the district attorney exclusive jurisdiction to prosecute violations of particular state laws. (1996 Cal. AG LEXIS 8, *1, 79 Ops. Cal. Atty. Gen. 46, 46.) Existing law authorizes general law and charter cities may allow a city attorney to prosecute any statewide misdemeanor, however, charter cities may pass an amendment to the charter to specify whether a city attorney may prosecute any or all misdemeanors. However, Government Code section 72193 is specific to charter cities and expressly authorizes charter city attorneys from prosecuting all misdemeanors. This bill allows locals to determining whether city attorneys may prosecute statewide misdemeanors. <ol><li>Arguments in Support: According to the South Bay Association of Chambers of Commerce: “As representatives of the business community in the South Bay region, comprising 17 local chambers of commerce, we recognize the importance of effective governance and legislation that promotes the well-being of our communities and businesses alike. AB 2309 addresses critical issues related to the prosecution of misdemeanors and the enforcement of public health standards, both of which are vital components of maintaining public safety and fostering economic prosperity. The proposed amendments outlined in AB 2309 offer practical solutions to streamline legal processes and enhance accountability in the prosecution of misdemeanors arising from violations of state law within our cities. By granting city attorneys broader authority to prosecute misdemeanors without the need for prior consent from district attorneys, this bill facilitates more efficient legal proceedings, thereby reducing bureaucratic hurdles and ensuring timely justice. </li></ol>“Furthermore, AB 2309 strengthens the reporting obligations of health officers regarding violations of standards at public beaches. By requiring health officers to report such violations directly to both the district attorney and city attorney without restrictions, the bill enhances transparency and expedites the remediation of environmental hazards, safeguarding the health and well-being of our residents and visitors. We also commend the inclusion of provisions for state reimbursement to local agencies and school districts for any mandated costs associated with implementing AB 2309. This demonstrates a commitment to fiscal responsibility and ensures that local jurisdictions are adequately supported in fulfilling their responsibilities under the proposed legislation. AB 2309 aligns with the SBACC's mission to advocate for policies that promote economic growth, community development, and public safety. We urge you to support this important legislation, which will benefit our region and the state of California as a whole.” <ol><li>Arguments in Opposition: According to the Felony Murder Elimination Project: “Under existing law, county district attorneys have jurisdiction to prosecute state offenses allegedly occurring in their counties. (Government Code, §26500.) Government Code, section 41803 permits a city attorney to prosecute misdemeanor offenses arising out of a violation of state law – but only with the consent of the county district attorney. We believe the current arrangement strikes the correct balance, leaving decisions about whether and how to prosecute state misdemeanors carrying county jail time to one county agency. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime. </li></ol>“In contrast, AB 2309 would allow city attorneys to prosecute misdemeanors even if the district attorney has already determined that charges are not appropriate or are not in the interest of justice. Given racial and economic disparities across counties – particularly between urban, suburban, and rural areas within the same county – we fear divergent charging practices between the district attorney and the city attorney could have discriminatory results, with lower income Black and Brown defendants who live in inner cities being prosecuted differently than their wealthier white counterparts who live in other parts of the county. “Because state misdemeanor offenses carry possible incarceration in county jails and/or county probation supervision, we believe that authorization to prosecute such offenses should remain a county responsibility. Decisions about the use or misuse of scarce county resources factor into district attorneys’ prosecutorial decision making. When a district attorney has determined that such resources are not warranted, that decision should not be overridden by the city attorney.”<ol><li>Prior Legislation: SB 2139 (Lockyer), Chapter 931, Statutes of 1998 enacted various statutory changes to implement and conform to the unification of trial courts pursuant to the constitutional amendment. The California Constitution initially provided for the establishment of superior and municipal courts, as specified, in each county. SCA 4 of the 1995-96 Regular Session, as approved by the voters on June 2, 1998, abolished municipal courts within a county, and for the establishment of a unified superior court for that county, upon a majority vote of superior court judges and a majority vote of municipal court judges within the county; provides for the qualification and election of the judges; and revises the number of jurors required in certain civil actions. This bill would make various statutory changes to implement and conform to the unification of trial courts pursuant to the constitutional amendment.</li></ol>REGISTERED SUPPORT / OPPOSITION:SupportCity of Santa Clarita City of Manhattan Beach Los Angeles County Police Chiefs Association South Bay Association of Chambers of CommerceOpposeACLU California Action California Alliance for Youth and Community Justice California Public Defenders Association Felony Murder Elimination Project Silicon Valley De-bug Team Justice Uncommon LawAnalysis Prepared by:

(2024-08-15: In committee:  Held under submission.)

City attorney: state law: misdemeanor.

<caml:Preamble>The people of the State of California do enact as follows:</caml:Preamble><caml:BillSection id="id_801DADA4-E9B0-413A-AAE1-70461E7438C3"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41803.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4E1A2E1B-F0AF-4B8F-9037-6106A2CE41E4"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_B8B515B1-32E6-4D0F-A217-40AB358E978A"><caml:Content>(a)With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law.(b)In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.(c)Notwithstanding subdivision (a),
						the city attorney of any general law city may prosecute any misdemeanor committed within the city arising out of violation of state law, provided that all of the following conditions are met:(1)The legislative body of a city passes an ordinance granting the prosecutorial authority described in this subdivision to the city attorney.(2)The prosecutorial authority granted to a city attorney pursuant to this subdivision is limited to cases filed and adjudicated in designated collaborative justice courts that provide rehabilitation and support services for criminal defendants to reduce recidivism. recidivism, and the city
						attorney is wholly responsible for the costs of those rehabilitation and support services that a defendant receives.(3)Notwithstanding any provision of this section, the district attorney of the county retains the authority to intervene at their discretion to serve as the primary or lead prosecutor for any misdemeanor committed within the city arising out of violation of state law.(d)This section shall not be deemed to affect any of the provisions of Section 72193.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>

<caml:Preamble>The people of the State of California do enact as follows:</caml:Preamble><caml:BillSection id="id_801DADA4-E9B0-413A-AAE1-70461E7438C3"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41803.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4E1A2E1B-F0AF-4B8F-9037-6106A2CE41E4"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_B8B515B1-32E6-4D0F-A217-40AB358E978A"><caml:Content>(a)With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law.(b)In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.(c)(1)<xhtml:span class="EnSpace"/>Notwithstanding
						subdivision (a), the city attorney of any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney. all of the following conditions are met:(2)<xhtml:span class="EnSpace"/>A city may rescind the ordinance that established the prosecutorial authority described in paragraph (1), and the authority shall cease to exist on the date set forth in the rescinding ordinance. (1)The legislative body of a city passes an ordinance granting the prosecutorial authority described in this subdivision to the city attorney.(2)The prosecutorial authority granted to a city attorney pursuant to this subdivision is limited to cases filed and adjudicated in designated collaborative justice courts that provide rehabilitation and support services for criminal defendants to reduce recidivism.(3)Notwithstanding any provision of this section, the district attorney of the county retains the authority to intervene at their discretion to serve as the primary or lead prosecutor for any misdemeanor committed within the city arising out of violation of state law.(d)This section shall not be deemed to affect any
						of the provisions of Section 72193.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>

<caml:Preamble>The people of the State of California do enact as follows:</caml:Preamble><caml:BillSection id="id_801DADA4-E9B0-413A-AAE1-70461E7438C3"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41803.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4E1A2E1B-F0AF-4B8F-9037-6106A2CE41E4"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_B8B515B1-32E6-4D0F-A217-40AB358E978A"><caml:Content>(a)With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law.(b)In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.(c)(1)Notwithstanding subdivision (a), the city attorney of any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.(2)A city may rescind the ordinance that established the prosecutorial authority described in paragraph (1), and the authority shall cease to exist on the date set forth in the rescinding ordinance.(d)This section shall not be deemed to affect any of the provisions of Section 72193.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>

<caml:Preamble>The people of the State of California do enact as follows:</caml:Preamble><caml:BillSection id="id_801DADA4-E9B0-413A-AAE1-70461E7438C3"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41803.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_4E1A2E1B-F0AF-4B8F-9037-6106A2CE41E4"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_B8B515B1-32E6-4D0F-A217-40AB358E978A"><caml:Content>(a)With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. This section shall not be deemed to affect any of the provisions of Section 72193.(b)In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.(c)Notwithstanding subdivision (a), the city attorney of any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.(d)This section shall not be deemed to affect any of the provisions of Section 72193.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_43F53AE3-15C0-41D2-A8C8-26B1EB2539A2"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D&apos;TITLE&apos;%20and%20caml%3ANum%3D&apos;4.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;DIVISION&apos;%20and%20caml%3ANum%3D&apos;3.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;PART&apos;%20and%20caml%3ANum%3D&apos;3.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;CHAPTER&apos;%20and%20caml%3ANum%3D&apos;7.&apos;%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D&apos;41803.5.&apos;%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_235509C7-F221-4ABB-83C4-7EF07F3049AD"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_AC124CC7-F83D-4722-865A-ECA4700A8A51"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The city attorney of any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of violation of state law. This section shall not be deemed to affect any of the provisions of Section 72193.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>In any case in which the district attorney is granted any powers
						or access to information with regard to the prosecution of
						misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_E47CD372-44AB-4D2A-8486-EE6EA9C8E072"><caml:Num/><caml:Content/></caml:BillSection><caml:BillSection id="id_181B7499-1388-49C7-96FD-B46967ED047C"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D&apos;DIVISION&apos;%20and%20caml%3ANum%3D&apos;104.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;PART&apos;%20and%20caml%3ANum%3D&apos;10.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;CHAPTER&apos;%20and%20caml%3ANum%3D&apos;5.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;ARTICLE&apos;%20and%20caml%3ANum%3D&apos;2.&apos;%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D&apos;115885.&apos;%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 115885 of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_276A865F-C1B6-45ED-B062-5FC577A51D0E"><caml:Num>115885.</caml:Num><caml:LawSectionVersion id="id_896C91C5-3C22-4B25-863F-BF7FAB184F3E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The health officer having jurisdiction over the area in which a public beach is created shall:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Inspect the public beach to determine whether the standards established pursuant to Section 115880 are being complied with. If the health officer finds any violation of the standards, the health officer may restrict the use of, or close, the public beach or portion thereof in which the violation occurs until the standard is complied with.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Investigate any complaint of a violation of any standard
						established by the department pursuant to Section 115880. If the health officer finds any violation of the standards prescribed by the department, the health officer may restrict the use of, or close, the public beach or portion thereof until the standard is complied with. If the person who made the complaint is not satisfied with the action taken by the health officer, they may report the violation to the department. The department shall investigate the reported violation, and, if it finds that the violation exists, it may restrict the use of or close the public beach or portion thereof until the standard violated is complied with.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Whenever a beach is posted, closed, or otherwise restricted in accordance with Section 115915, inform the agency responsible for the operation and maintenance of the public beach within 24 hours
						of the posting, closure, or restriction.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Establish a telephone hotline to inform the public of all beaches currently closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in public health risks.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Report any violation of the standards established pursuant to Section 115880 to the district attorney, or if the violation occurred in a
						city, to a city attorney.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>In the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and to take action pursuant to regulations established under Sections 115880 and 115881.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>Notwithstanding any other law, in the event of an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards established pursuant to Section 115880.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>If the department is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach,
						and that the local health officer has not taken action to close the beach, it may take action to close those waters until the waters are in compliance.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_95D07D2C-09DF-474F-B055-FDC4189C0843"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D&apos;PART&apos;%20and%20caml%3ANum%3D&apos;1.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;TITLE&apos;%20and%20caml%3ANum%3D&apos;15.&apos;%5D%2Fcaml%3ALawHeading%5B%40type%3D&apos;CHAPTER&apos;%20and%20caml%3ANum%3D&apos;1.5.&apos;%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D&apos;633.05.&apos;%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 633.05 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_18CA3A38-8821-4346-91E6-426E671251FF"><caml:Num>633.05.</caml:Num><caml:LawSectionVersion id="id_87D14F5D-1B69-40F8-A94D-34CD8EF5843E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of their authority, from overhearing or recording any communication that they could lawfully overhear or record.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Nothing in Section 632, 632.5, 632.6, or 632.7 renders
						inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_E845BF65-29BF-4EA7-BBA5-006B0AE9C3A8"><caml:Num>SEC. 4.</caml:Num><caml:Content><xhtml:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</xhtml:p></caml:Content></caml:BillSection><caml:Correction>
	 REVISIONS:</caml:Correction><caml:Correction>
	 HeadingLine 1.</caml:Correction>

<caml:Preamble>The people of the State of California do enact as follows:</caml:Preamble><caml:BillSection id="id_43F53AE3-15C0-41D2-A8C8-26B1EB2539A2"><caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:type="locator" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41803.5.'%5D)" xlink:label="fractionType: LAW_SECTION">Section 41803.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_235509C7-F221-4ABB-83C4-7EF07F3049AD"><caml:Num>41803.5.</caml:Num><caml:LawSectionVersion id="id_AC124CC7-F83D-4722-865A-ECA4700A8A51"><caml:Content>(a)With the consent of the district attorney of the county, the The city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law. This section shall not be deemed to affect any of the provisions of Section 72193.(b)In any case in which the district attorney is granted any powers or access to information with regard to the prosecution of
				 misdemeanors, this grant of powers or access to information shall be deemed to apply to any other officer charged with the duty of prosecuting misdemeanor charges in the state, as authorized by law.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_181B7499-1388-49C7-96FD-B46967ED047C"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:type="locator" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'104.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'115885.'%5D)" xlink:label="fractionType: LAW_SECTION">Section 115885 of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_276A865F-C1B6-45ED-B062-5FC577A51D0E"><caml:Num>115885.</caml:Num><caml:LawSectionVersion id="id_896C91C5-3C22-4B25-863F-BF7FAB184F3E"><caml:Content>(a)The health officer having jurisdiction over the area in which a public beach is created shall:(1)Inspect the public beach to determine whether the standards established pursuant to Section 115880 are being complied with. If the health officer finds any violation of the standards, he or she the health officer may restrict the use of, or close, the public beach or portion thereof in which the violation occurs until the standard is complied with.(2)Investigate any complaint of a violation of any standard
				 established by the department pursuant to Section 115880. If the health officer finds any violation of the standards prescribed by the department, he or she the health officer may restrict the use of, or close, the public beach or portion thereof until the standard is complied with. If the person who made the complaint is not satisfied with the action taken by the health officer, he or she they may report the violation to the department. The department shall investigate the reported violation, and, if it finds that the violation exists, it may restrict the use of or close the public beach or portion thereof until the standard
				 violated is complied with.(3)Whenever a beach is posted, closed, or otherwise restricted in accordance with Section 115915, inform the agency responsible for the operation and maintenance of the public beach within 24 hours of the posting, closure, or restriction.(4)Establish a telephone hotline to inform the public of all beaches currently closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in public health risks.(5)Report any violation of the standards established pursuant to Section 115880 to the district attorney, or if the violation occurred in a city and, pursuant to Section 41803.5 of the Government Code, the city attorney is authorized to prosecute misdemeanors,
				 to the city attorney.
				 city, to a city attorney.(6)In the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and to take action pursuant to regulations established under Sections 115880 and 115881.(7)Notwithstanding any other provision of law, in the event of an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards established pursuant to Section 115880.(b)If the department is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach,
				 and that the local health officer has not taken action to close the beach, it may take action to close those waters until the waters are in compliance.(c)Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_95D07D2C-09DF-474F-B055-FDC4189C0843"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:type="locator" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'15.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'633.05.'%5D)" xlink:label="fractionType: LAW_SECTION">Section 633.05 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_18CA3A38-8821-4346-91E6-426E671251FF"><caml:Num>633.05.</caml:Num><caml:LawSectionVersion id="id_87D14F5D-1B69-40F8-A94D-34CD8EF5843E"><caml:Content>(a)Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of his or her their authority, from overhearing or recording any communication that they could lawfully overhear or record.(b)Nothing in Section 632, 632.5, 632.6, or 632.7 renders
				 inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record.</caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_E845BF65-29BF-4EA7-BBA5-006B0AE9C3A8"><caml:Num>SEC. 4.</caml:Num><caml:Content>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</caml:Content></caml:BillSection>

In committee:  Referred to  APPR suspense file.

Read second time and amended.  Re-referred to Com. on  L. GOV.

From committee: Amend, and do pass as amended and re-refer to Com. on  L. GOV. (Ayes  4. Noes  0.) (July  2).

From committee chair, with author's amendments:  Amend, and re-refer to committee.  Read second time, amended, and re-referred to Com. on  PUB S.

In committee: Set,  first hearing. Hearing canceled at the request of author.

Referred to Coms. on  PUB S.,  L. GOV. and  APPR.

In Senate.  Read first time.  To Com. on RLS. for assignment.

Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes  6.)

Read third time and amended. Ordered to third reading.

Read second time. Ordered to third reading.

From committee chair, with author's amendments:  Amend, and re-refer to Com. on  PUB. S. Read second time and amended.

From printer.  May be heard in committee  March  14.

Do pass as amended, but first amend, and re-refer to the Committee on [Local Government]

AB 2309 Muratsuchi Assembly Third Reading

AB 2309: City attorney: state law: misdemeanor.

Current Status:

Senate Standing Committee on Public Safety

Assembly Floor

Assembly Floor

Assembly Standing Committee on Public Safety

News Coverage: