RESOLUTION NO. 24-0025
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL INDICATING SUPPORT AND SPONSORSHIP
OF ASSEMBLY BILL 2309
WHEREAS, since 2021, the Manhattan Beach City Council has been exploring ways to prosecute state misdemeanors;
WHEREAS, Government Code 4180.5. 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;
WHEREAS, City Council directed staff to work with the City’s elected state legislators and request a change in the California Government Code to allow cities to prosecute state misdemeanors when a County District Attorney declines to prosecute.
WHEREAS, on February 12, 2024, Assemblymember Muratsuchi introduced Assembly Bill (AB) 2309 which would remove the consent requirement and, instead, 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.
THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:
SECTION 1. The City Council hereby supports and sponsors Assembly Bill 2309, which authorizes the City Attorney of any general law city or chartered city to prosecute state misdemeanors.
SECTION 2. The City Council hereby authorizes the Mayor and City Manager to take all necessary actions to sponsor Assembly Bill 2309, including but not limited to executing documents and letters of support.
SECTION 3. The City Cler k shall certify to the passage and adoption of this resolution.
ADOPTED on MARCH 5, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
JOE FRANKLIN
Mayor
ATTEST:
_________________________________
LIZA TAMURA
City Clerk