AB2309:v95#DOCUMENTBill Start
Amended
IN
Senate
July 03, 2024
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Amended
IN
Senate
June 19, 2024
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Amended
IN
Assembly
May 09, 2024
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Amended
IN
Assembly
April 17, 2024
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2309
Introduced by Assembly Members Muratsuchi and Pacheco
(Coauthors: Assembly Members Calderon, Gipson, Irwin, Petrie-Norris, and Rodriguez)
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February 12, 2024 |
An act to amend Section 41803.5 of the Government Code, relating to local government.
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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
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.