A bill that would give a city power to prosecute its state misdemeanors is winding its way through the process in Sacramento - as Manhattan Beach leaders made an appearance to show support.
Manhattan Beach Mayor Joe Franklin and Police Chief Rachel Johnson testified before
the Assembly Committee on Public Safety on Assembly Bill (AB) 2309 on April 23. The bill successfully
passed the committee and is now moving forward to the full State Assembly. If approved by the Assembly, it will move over to the State Senate for review and approval.
AB 2309, introduced by Assemblymember Al Muratsuchi, would
authorize the city attorney of any general law or chartered city to
prosecute certain state misdemeanors such as public intoxication, disturbing the peace, and drug and paraphernalia possession committed within the city. Currently, the city must receive the consent of the Los Angeles County District Attorney to prosecute those misdemeanors, but that office has said it would not prosecute those crimes. The Manhattan Beach City Council agreed in April that the city would serve as a cosponsor of Muratsuchi's bill.
Other cities and organizations have sent official letters of support for the legislation,
including the Los Angeles County Police Chiefs Association, the League of
California Cities, the South Bay Association of
Chambers of Commerce, and the cities of Beverly Hills, Santa Clarita, Mission Viejo, and Stanton.
“At the local level, we are directly charged with managing and
overseeing our police department and the public safety teams our
constituents depend on,” Mayor Joe Franklin said in a statement. “Our constituents
expect these safety services to provide for their protection from not
only violent and serious crime, but from harassment, abuse, and quality
of life crimes. Unfortunately, in our city and many others across the
region, we are unable to meet the public safety expectations of our
community because of our limited prosecutorial power. AB 2309 will
provide the ability for local governments to fulfill this responsibility
on behalf of the people depending on us.”
“There must be a balance between enforcement and consequences that
match the crimes being committed,” said Chief Rachel Johnson. “But when
there are zero consequences to illegal behavior, it creates an imbalance
that jeopardizes our ability to protect people. That is what AB 2309 is
really about from a police department’s standpoint—protecting people.”
Special Directive 20-07 Limits Prosecutions
Since Gascón was elected in 2020, Manhattan Beach has been chafing
under his limitations in pursuing certain misdemeanors. In June 2023, the City
Council voted to follow a
two-track approach
to punishing misdemeanors: One, the city would continue to work
with Gascón's office to explore other options; and two, the city would
investigate new avenues for what it could do on its own to hold
offenders
accountable.
In November 2023, the City Council voted to
add prosecutorial services
to its tool kit to combat "quality of life" misdemeanors and
infractions in the city. The vote allowed the city to add prosecutorial
services to its contract with its current law firm of
Richards, Watson & Gershon. Under
the agreement, trespassing, graffiti, illegal shopping carts,
public urination, public nuisances and smoking in public can be
prosecuted as misdemeanors. Drinking in public, unlicensed dogs,
unvaccinated dogs, unleashed dogs, and dogs on the beach can be
prosecuted as infractions.
However, the
city does not have the authority to prosecute state misdemeanors such as
public intoxication, disturbing the peace, and drug and paraphernalia
possession.
In
Special Directive 20-07
limiting the prosecution of those misdemeanors (issued in December
2020), Gascón explained his reasoning that "Los Angeles County courts
should not be revolving doors for those in need of treatment and
services. Currently, over 47% of those incarcerated pre-trial on
misdemeanor cases suffer from mental illness. Likewise, nearly 60% of
those released each day have a significant substance use disorder.
Meanwhile, individuals experiencing homelessness account for almost 20%
of arrests in Los Angeles despite comprising only 1.7% of the
population. The status quo has exacerbated social ills and encouraged
recidivism at great public expense."
Gascón
continued: "Despite the immense social costs, studies show that
prosecution of the offenses driving the bulk of misdemeanor cases have
minimal, or even negative, long-term impacts on public safety. Agencies
equipped with the social-service tools necessary to address the
underlying causes of offenses such as unlicensed driving, sex work, drug
possession, drinking in public, and trespassing are best positioned to
prevent recidivism and will thus be empowered to provide help to those
in need. The goal of the Los Angeles County District Attorney’s Office
is to protect public safety. To do so as effectively as possible, we
will direct those in need of services to treatment providers, divert
those undeserving of criminal records to appropriate fora, and reorient
our focus towards combating violent and serious criminal offenses."
Countywide efforts to recall Gascón
failed in both 2021 and 2022. In March 2024, Gascón was the top vote-getter in the Los Angeles County primary election, but did not receive enough votes to avoid a runoff. Gascón will face off against former federal prosecutor Nathan Hochman in November.
