california legislature—2023–24 regular session
ASSEMBLY BILL No. 2309
Introduced by Assembly Member Muratsuchi
February 12, 2024
An act to amend Section 41803.5 of the Government Code, to amend Section 115885 of the Health and Safety Code, and to amend Section 633.05 of the Penal Code, relating to local government. legislative counsel’s digest
AB 2309, as introduced, Muratsuchi. City attorne y: state la w:
misdemeanor.
(1) Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorne y of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.
This bill would remove the above-described consent requirement and, instead, authorize the city attorney of any general law city or chartered city to prosecute an y misdemeanor committed within the city arising out of violation of state law. The bill would make conforming changes. (2) Existing law makes violations of specified standards relating to public beaches by an y pri vate person a misdemeanor . Existing la w requires, subject to specified limitations, a health officer, as defined, to report any violation of those standards to the district attorney, or to the city attorney if the violation occurred in that city and the city attorney is authorized by the district attorne y of that county to prosecute an y misdemeanor committed within the city, as specified.
This bill w ould, instead, require a health officer to report the above-described violations to the district attorne y and city attorne y without the limitation described abo ve. By increasing the reporting
99 obligations of a health officer, as specified above, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 41803.5 of the Government Code is line 2 amended to read:
line 3 41803.5. (a) With the consent of the district attorne y of the line 4 county, the The city attorney of any general law city or chartered line 5 city within the county may prosecute any misdemeanor committed line 6 within the city arising out of violation of state la w. This section line 7 shall not be deemed to af fect any of the pro visions of Section line 8 72193.
line 9 (b) In an y case in which the district attorne y is granted an y line 10 powers or access to information with regard to the prosecution of line 11 misdemeanors, this grant of powers or access to information shall line 12 be deemed to apply to any other officer charged with the duty of line 13 prosecuting misdemeanor char ges in the state, as authorized by line 14 law.
line 15 SEC. 2. Section 115885 of the Health and Safety Code is line 16 amended to read:
line 17 115885. (a) The health officer ha ving jurisdiction o ver the line 18 area in which a public beach is created shall:
line 19 (1) Inspect the public beach to determine whether the standards line 20 established pursuant to Section 115880 are being complied with. line 21 If the health officer finds any violation of the standards, he or she line 22 the health officer may restrict the use of, or close, the public beach line 23 or portion thereof in which the violation occurs until the standard line 24 is complied with.
line 25 (2) Investigate an y complaint of a violation of an y standard line 26 established by the department pursuant to Section 115880. If the 99 — 2 — AB 2309
line 1 health officer finds an y violation of the standards prescribed by line 2 the department, he or she the health officer may restrict the use line 3 of, or close, the public beach or portion thereof until the standard line 4 is complied with. If the person who made the complaint is not line 5 satisfied with the action taken by the health officer, he or she they line 6 may report the violation to the department. The department shall line 7 investigate the reported violation, and, if it finds that the violation line 8 exists, it may restrict the use of or close the public beach or portion line 9 thereof until the standard violated is complied with. line 10 (3) Whenever a beach is posted, closed, or otherwise restricted line 11 in accordance with Section 115915, inform the agency responsible line 12 for the operation and maintenance of the public beach within 24 line 13 hours of the posting, closure, or restriction.
line 14 (4) Establish a telephone hotline to inform the public of all line 15 beaches currently closed, posted, or otherwise restricted. The line 16 hotline shall be updated as needed in order to con vey changes in line 17 public health risks.
line 18 (5) Report any violation of the standards established pursuant line 19 to Section 115880 to the district attorne y, or if the violation line 20 occurred in a city and, pursuant to Section 41803.5 of the line 21 Government Code, the city attorne y is authorized to prosecute line 22 misdemeanors, to the city attorney. city, to a city attorney. line 23 (6) In the e vent of a kno wn untreated se wage release, line 24 immediately test the w aters adjacent to the public beach and to line 25 take action pursuant to re gulations established under Sections line 26 115880 and 115881.
line 27 (7) Notwithstanding any other provision of law, in the event of line 28 an untreated se wage release that is kno wn to ha ve reached line 29 recreational waters adjacent to a public beach, immediately close line 30 those waters until it has been determined by the local health officer line 31 that the waters are in compliance with the standards established line 32 pursuant to Section 115880.
line 33 (b) If the department is a ware of an untreated se wage release line 34 that has reached recreational w aters adjacent to a public beach, line 35 and that the local health officer has not tak en action to close the line 36 beach, it may take action to close those waters until the waters are line 37 in compliance.
line 38 (c) Any duty imposed upon a local public officer or agenc y line 39 pursuant to this section shall be mandatory only during a fiscal line 40 year in which the Legislature has appropriated sufficient funds, as 99 AB 2309 — 3 —
line 1 determined by the State Public Health Officer, in the annual Budget line 2 Act or otherwise for local agencies to co ver the costs to those line 3 agencies associated with the performance of these duties. The State line 4 Public Health Officer shall annually, within 15 days after enactment line 5 of the Budget Act, file a written statement with the Secretary of line 6 the Senate and with the Chief Clerk of the Assembly memorializing line 7 whether sufficient funds have been appropriated. line 8 SEC. 3. Section 633.05 of the Penal Code is amended to read:
line 9 633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 line 10 prohibits a city attorney acting under authority of Section 41803.5 line 11 of the Government Code, provided that authority is granted prior line 12 to January 1, 2012, or any person acting pursuant to the direction line 13 of one of those city attorneys acting within the scope of his or her line 14 their authority, from overhearing or recording any communication line 15 that they could lawfully overhear or record.
line 16 (b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders line 17 inadmissible any evidence obtained by the above-named persons line 18 by means of o verhearing or recording an y communication that line 19 they could lawfully overhear or record.
line 20 SEC. 4. If the Commission on State Mandates determines that line 21 this act contains costs mandated by the state, reimb ursement to line 22 local agencies and school districts for those costs shall be made line 23 pursuant to Part 7 (commencing with Section 17500) of Division line 24 4 of Title 2 of the Government Code.
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99 — 4 — AB 2309