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| 1 | + | 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 or chartered 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. The bill would authorize a city to rescind the ordinance that established the prosecutorial authority, and would require that authority to cease to exist on the date set forth in the rescinding ordinance.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) (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. all of the following conditions are met:(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. (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. | |
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| 3 | + | 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 or chartered 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. The bill would authorize a city to rescind the ordinance that established the prosecutorial authority, and would require that authority to cease to exist on the date set forth in the rescinding ordinance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Senate June 19, 2024 Amended IN Assembly May 09, 2024 Amended IN Assembly April 17, 2024 | |
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| 7 | - | Amended IN Senate July 03, 2024 | |
| 8 | 7 | Amended IN Senate June 19, 2024 | |
| 9 | 8 | Amended IN Assembly May 09, 2024 | |
| 10 | 9 | Amended IN Assembly April 17, 2024 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 2309 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)February 12, 2024 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Members Muratsuchi and Pacheco(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez) | |
| 21 | 20 | February 12, 2024 | |
| 22 | 21 | ||
| 23 | 22 | An act to amend Section 41803.5 of the Government Code, relating to local government. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | AB 2309, as amended, Muratsuchi. City attorney: state law: misdemeanor. | |
| 30 | 29 | ||
| 31 | - | 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. | |
| 30 | + | 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 or chartered 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. The bill would authorize a city to rescind the ordinance that established the prosecutorial authority, and would require that authority to cease to exist on the date set forth in the rescinding ordinance. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | - | 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. | |
| 34 | + | This bill would, notwithstanding the above-described authorization for city attorneys, authorize the city attorney of any general law city or chartered 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. The bill would authorize a city to rescind the ordinance that established the prosecutorial authority, and would require that authority to cease to exist on the date set forth in the rescinding ordinance. | |
| 36 | 35 | ||
| 37 | 36 | ## Digest Key | |
| 38 | 37 | ||
| 39 | 38 | ## Bill Text | |
| 40 | 39 | ||
| 41 | - | 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 | |
| 40 | + | 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) (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. all of the following conditions are met:(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. (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. | |
| 42 | 41 | ||
| 43 | 42 | The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | 44 | ## The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | - | 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 | |
| 46 | + | 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) (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. all of the following conditions are met:(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. (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. | |
| 48 | 47 | ||
| 49 | 48 | SECTION 1. Section 41803.5 of the Government Code is amended to read: | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | - | 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 | |
| 52 | + | 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) (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. all of the following conditions are met:(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. (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. | |
| 54 | 53 | ||
| 55 | - | 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 | |
| 54 | + | 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) (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. all of the following conditions are met:(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. (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. | |
| 56 | 55 | ||
| 57 | - | 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 | |
| 56 | + | 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) (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. all of the following conditions are met:(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. (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. | |
| 58 | 57 | ||
| 59 | 58 | ||
| 60 | 59 | ||
| 61 | 60 | 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. | |
| 62 | 61 | ||
| 63 | 62 | (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. | |
| 64 | 63 | ||
| 65 | - | (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: | |
| 64 | + | (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. all of the following conditions are met: | |
| 65 | + | ||
| 66 | + | (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. | |
| 67 | + | ||
| 68 | + | ||
| 66 | 69 | ||
| 67 | 70 | (1) The legislative body of a city passes an ordinance granting the prosecutorial authority described in this subdivision to the city attorney. | |
| 68 | 71 | ||
| 69 | - | (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. | |
| 72 | + | (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. | |
| 70 | 73 | ||
| 71 | 74 | (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. | |
| 72 | 75 | ||
| 73 | 76 | (d) This section shall not be deemed to affect any of the provisions of Section 72193. |