Bill Text: CA AB2309 | 2023-2024 | Regular Session | Amended
Bill Title: City attorney: state law: misdemeanor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-22 - Referred to Coms. on PUB S., L. GOV. and APPR. [AB2309 Detail]
Download: California-2023-AB2309-Amended.html
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Amended
IN
Assembly
May 09, 2024 |
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Amended
IN
Assembly
April 17, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2309
| Introduced by Assembly Members Muratsuchi and Pacheco |
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 or chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney. The bill would authorize a city to rescind the ordinance that established the prosecutorial authority, and would require that authority to cease
to exist on the date set forth in the rescinding ordinance.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill 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) (1) Notwithstanding subdivision (a), the city attorney of any general law city or chartered city may prosecute any misdemeanor committed within the city arising out of violation of state law, provided that the legislative body of a city passes an ordinance granting that prosecutorial authority to the city attorney.
(2) A city may rescind the ordinance that established the prosecutorial authority described in paragraph (1), and the authority shall cease to exist on the date set forth in the rescinding ordinance.
(d) This section shall not be deemed to affect any of the provisions of Section 72193.
