Amended IN Senate July 03, 2024 Amended IN Senate June 19, 2024 Amended IN Assembly May 09, 2024 Amended IN Assembly April 17, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2309Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)February 12, 2024An act to amend Section 41803.5 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 2309, as amended, Muratsuchi. City attorney: state law: misdemeanor.Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.This bill would, notwithstanding the above-described authorization for city attorneys, authorize the city attorney of any general law city to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that specified conditions are met, including that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 41803.5 of the Government Code is amended to read:41803.5. (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.
Amended IN Senate July 03, 2024 Amended IN Senate June 19, 2024 Amended IN Assembly May 09, 2024 Amended IN Assembly April 17, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2309Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)February 12, 2024An act to amend Section 41803.5 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 2309, as amended, Muratsuchi. City attorney: state law: misdemeanor.Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.This bill would, notwithstanding the above-described authorization for city attorneys, authorize the city attorney of any general law city to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that specified conditions are met, including that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate July 03, 2024 Amended IN Senate June 19, 2024 Amended IN Assembly May 09, 2024 Amended IN Assembly April 17, 2024
Amended IN Senate July 03, 2024
Amended IN Senate June 19, 2024
Amended IN Assembly May 09, 2024
Amended IN Assembly April 17, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2309
Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)February 12, 2024
Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)
February 12, 2024
An act to amend Section 41803.5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2309, as amended, Muratsuchi. City attorney: state law: misdemeanor.
Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.This bill would, notwithstanding the above-described authorization for city attorneys, authorize the city attorney of any general law city to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that specified conditions are met, including that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.
Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.
This bill would, notwithstanding the above-described authorization for city attorneys, authorize the city attorney of any general law city to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that specified conditions are met, including that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 41803.5 of the Government Code is amended to read:41803.5. (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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 41803.5 of the Government Code is amended to read:41803.5. (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.
SECTION 1. Section 41803.5 of the Government Code is amended to read:
### SECTION 1.
41803.5. (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.
41803.5. (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.
41803.5. (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.
41803.5. (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.