AMENDED IN SENATE JULY 3, 2024
AMENDED IN SENATE JUNE 19, 2024
AMENDED IN ASSEMBLY MAY 9, 2024
AMENDED IN ASSEMBLY APRIL 17, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2309
Introduced by Assembly Members Muratsuchi and Pacheco
(Coauthors: Assembly Members Calderon, Gipson, Irwin,
Petrie-Norris, and Rodriguez)
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 attorne y: state la w:
misdemeanor.
Existing law authorizes the city attorne y 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 abo ve-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 la w, pro vided that specified conditions are met, including that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.
95 Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
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 city attorney of any general law city or chartered city line 5 within the county may prosecute an y misdemeanor committed line 6 within the city arising out of violation of state law. line 7 (b) In an y case in which the district attorne y is granted an y line 8 powers or access to information with regard to the prosecution of line 9 misdemeanors, this grant of powers or access to information shall line 10 be deemed to apply to any other officer charged with the duty of line 11 prosecuting misdemeanor char ges in the state, as authorized by line 12 law.
line 13 (c) Notwithstanding subdivision (a), the city attorne y of an y line 14 general law city may prosecute any misdemeanor committed within line 15 the city arising out of violation of state la w, provided that all of line 16 the following conditions are met:
line 17 (1) The legislative body of a city passes an ordinance granting line 18 the prosecutorial authority described in this subdivision to the city line 19 attorney.
line 20 (2) The prosecutorial authority granted to a city attorne y line 21 pursuant to this subdivision is limited to cases filed and adjudicated line 22 in designated collaborative justice courts that provide rehabilitation line 23 and support services for criminal defendants to reduce recidivism. line 24 recidivism, and the city attorney is wholly responsible for the costs line 25 of those r ehabilitation and support services that a defendant line 26 receives.
line 27 (3) Notwithstanding any provision of this section, the district line 28 attorney of the county retains the authority to interv ene at their line 29 discretion to serv e as the primary or lead prosecutor for an y line 30 misdemeanor committed within the city arising out of violation of line 31 state law.
line 32 (d) This section shall not be deemed to af fect an y of the line 33 provisions of Section 72193.
O
95 — 2 — AB 2309