AB 2309
ASSEMBLY THIRD READING
AB 2309 (Muratsuchi and Pacheco)
As Amended May 9, 2024
Majority vote
SUMMARY
1) Authorizes any city attorney of a general law city or chartered city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney.
2) Requires any authority granted to a city attorney to prosecute a statewide misdemeanor, notwithstanding the district attorney's consent, may be rescinded by the city, and any authority shall terminate on whatever date is specified in the rescinding ordinance.
Major Provisions
COMMENTS
According to the Author
"Currently, cities cannot prosecute state misdemeanors that occur within their city without consent from the District Attorney. In 2020, Los Angeles County District Attorney George Gascon issued a directive which specified that certain misdemeanors would be dismissed before arraignment unless "exceptions" or "factors for consideration" exist. "In response to this directive, the City of Manhattan Beach attempted to contract with the City of Redondo Beach for prosecutorial services in order to prosecute the misdemeanors that the District Attorney's Office would be dismissing. This is an arrangement that the City of Hermosa Beach has had with the City of Redondo Beach since 2014. Despite having the willingness and ability to contract for prosecutorial services, the City of Manhattan Beach's request for consent to prosecute was denied.
"Cities possess a unique understanding of the public safety challenges within their jurisdictions.
However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county's District Attorney's Office if a city attorney does not have consent to prosecute misdemeanors. [This bill] empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities."
Arguments in Support
According to the South Bay Association of Chambers of Commerce (SBACC): "As representatives of the business community in the South Bay region, comprising 17 local chambers of commerce, we recognize the importance of effective governance and legislation that AB 2309
promotes the well-being of our communities and businesses alike. [This bill] addresses critical issues related to the prosecution of misdemeanors and the enforcement of public health standards, both of which are vital components of maintaining public safety and fostering economic prosperity. The proposed amendments outlined in [this bill] offer practical solutions to streamline legal processes and enhance accountability in the prosecution of misdemeanors arising from violations of state law within our cities. By granting city attorneys broader authority to prosecute misdemeanors without the need for prior consent from district attorneys, this bill facilitates more efficient legal proceedings, thereby reducing bureaucratic hurdles and ensuring timely justice.
"Furthermore, [this bill] strengthens the reporting obligations of health officers regarding violations of standards at public beaches. By requiring health officers to report such violations directly to both the district attorney and city attorney without restrictions, the bill enhances transparency and expedites the remediation of environmental hazards, safeguarding the health and well-being of our residents and visitors. We also commend the inclusion of provisions for state reimbursement to local agencies and school districts for any mandated costs associated with implementing [this bill]. This demonstrates a commitment to fiscal responsibility and ensures that local jurisdictions are adequately supported in fulfilling their responsibilities under the proposed legislation. [This bill] aligns with the SBACC's mission to advocate for policies that promote economic growth, community development, and public safety. We urge you to support this important legislation, which will benefit our region and the state of California as a whole." Arguments in Opposition
According to the Felony Murder Elimination Project: "Under existing law, county district attorneys have jurisdiction to prosecute state offenses allegedly occurring in their counties. (Government Code, [Section] 26500.) Government Code, section 41803 permits a city attorney to prosecute misdemeanor offenses arising out of a violation of state law – but only with the consent of the county district attorney. We believe the current arrangement strikes the correct balance, leaving decisions about whether and how to prosecute state misdemeanors carrying county jail time to one county agency. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime. "In contrast, [this bill] would allow city attorneys to prosecute misdemeanors even if the district attorney has already determined that charges are not appropriate or are not in the interest of justice. Given racial and economic disparities across counties – particularly between urban, suburban, and rural areas within the same county – we fear divergent charging practices between the district attorney and the city attorney could have discriminatory results, with lower income Black and Brown defendants who live in inner cities being prosecuted differently than their wealthier white counterparts who live in other parts of the county. "Because state misdemeanor offenses carry possible incarceration in county jails and/or county probation supervision, we believe that authorization to prosecute such offenses should remain a county responsibility. Decisions about the use or misuse of scarce county resources factor into district attorneys' prosecutorial decision making. When a district attorney has determined that such resources are not warranted, that decision should not be overridden by the city attorney."
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
AB 2309
VOTES
ASM PUBLIC SAFETY: 7-0-1
YES: McCarty, Alanis, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur ABS, ABST OR NV: Lackey
UPDATED
VERSION: May 9, 2024
CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0002912