California 2023-2024 Regular Session

California Assembly Bill AB2309

Introduced
2/12/24  
Introduced
2/12/24  
Refer
2/26/24  
Refer
2/26/24  
Report Pass
4/17/24  
Refer
4/18/24  
Refer
4/18/24  
Report Pass
4/24/24  
Report Pass
4/24/24  
Engrossed
5/13/24  
Engrossed
5/13/24  
Refer
5/13/24  
Refer
5/13/24  
Refer
5/22/24  
Refer
5/22/24  
Report Pass
6/19/24  
Report Pass
6/19/24  
Refer
6/19/24  
Refer
6/19/24  
Report Pass
7/2/24  
Report Pass
7/2/24  
Refer
7/3/24  
Refer
7/3/24  
Refer
7/3/24  
Refer
7/3/24  
Refer
8/5/24  

Caption

City attorney: state law: misdemeanor.

Impact

If passed, AB2309 would enhance local control over misdemeanor prosecutions, potentially leading to more responsive criminal justice practices tailored to local community needs. The inclusion of provisions requiring city attorneys to prosecute only in designated collaborative justice courts underscores an emphasis on rehabilitation and mitigation of recidivism, as these specialized courts aim to provide support services to defendants. This change could fundamentally reshape local law enforcement dynamics, shifting some legal responsibilities from district attorneys to city-level attorneys, thereby promoting a localized approach to misdemeanor offenses.

Summary

Assembly Bill 2309, also known as AB2309, seeks to amend Section 41803.5 of the Government Code pertaining to the authority of city attorneys in California. The bill gives city attorneys in general law cities the ability to prosecute misdemeanors related to violations of state law without needing direct consent from the district attorney each time, given that certain conditions are maintained. These conditions require cities to pass an ordinance that grants this authority to their attorneys, which empowers city attorneys to act in a prosecutorial capacity that is otherwise reserved for district attorneys.

Sentiment

The sentiment surrounding AB2309 appears to be somewhat mixed among legislators and stakeholders. Proponents hail it as a vital step toward empowering local governments and enabling them to address misdemeanors more effectively within their communities. They believe this will lead to innovations in how local authorities approach justice, particularly through rehabilitation-focused practices. Conversely, critics may express concerns about the adequacy of city attorneys to handle such responsibilities and potential conflicts with the authority of district attorneys, who traditionally oversee prosecutions. This division suggests an ongoing debate about the balance of power between state and local governance.

Contention

A notable point of contention in the discussions regarding AB2309 lies in the delegated prosecution authority. Critics may argue that allowing city attorneys to take charge of misdemeanor prosecutions could undermine the cohesive application of law statewide, leading to a patchwork legal environment where the quality of prosecution might vary vastly from city to city. Additionally, the financial implications of requiring city attorneys to cover the costs of rehabilitation and support services associated with these cases might raise eyebrows, especially in cities with tight budgets. This could create disparities in enforcement capability based on local fiscal health, thereby complicating the intended benefits of the bill.

Companion Bills

No companion bills found.

Previously Filed As

CA AB2599

Water: public beaches: discontinuation of residential water service.

CA SB284

Criminal procedure: misdemeanor citations.

CA HF4970

City attorneys authorized to file delinquency petitions for offenses committed by a juvenile when a county attorney declines to file a petition, city attorneys authorized to prosecute felony and gross misdemeanor offenses in certain cases, and city attorneys authorized to issue administrative subpoenas in certain cases.

CA HF698

City attorneys authorized to file delinquency petitions for certain offenses committed by a juvenile when a county attorney declines to file a petition, city attorneys authorized to prosecute certain felony and gross misdemeanor offenses when a county attorney declines to prosecute, administrative subpoenas issuance authorized, and conforming changes made.

CA HF1188

City attorneys authorized to file delinquency petitions for certain offenses committed by a juvenile when a county attorney declines to file a petition, city attorneys authorized to prosecute certain felony and gross misdemeanor offenses when a county attorney declines to prosecute, administrative subpoenas issuance authorized, and conforming changes made.

CA AB321

Misdemeanors.

CA AB1941

Misdemeanors.

CA SF555

City attorneys provisions modifications and authorizations

CA SB764

Misdemeanor arrests: procedures.

CA HB278

Misdemeanors; revise age of expungement for.

Similar Bills

CA AB2418

Crimes: Justice Data Accountability and Transparency Act.

CT SB00307

An Act Concerning Prosecutorial Accountability.

CT SB00462

An Act Concerning The Criminal Justice Commission And Accountability Within The Division Of Criminal Justice.

CA AB1537

Juvenile records: inspection: prosecutorial discovery.

CT SB01018

An Act Concerning Prosecutorial Accountability.

CA AB557

Hate crimes: vertical prosecution.

CA AB359

In-custody informants.

CA SB710

District attorneys: conflicts of interest.