California 2017-2018 Regular Session Status: Enacted

AB 1418 — City prosecutors.

Last action — Chaptered by Secretary of State - Chapter 299, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes the charter of any city to establish the office of city prosecutor with specified powers and duties. Existing law makes it a crime for a person to maintain, permit, or allow a public nuisance to exist upon his or her property or premises, or to maintain, permit, or allow a public nuisance to exist on property or premises he or she is occupying or leasing from another person, after reasonable notice in writing from a city attorney. This bill would also authorize a city prosecutor to prosecute a person for allowing a public nuisance to exist in those situations. (2) Existing law authorizes a defendant to file a motion to disqualify a city attorney from performing an authorized duty involving a criminal matter, and prohibits the motion from being granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. Existing law authorizes a city attorney to appeal an order recusing him or her from a proceeding. This bill would expand those procedures to additionally apply to a city prosecutor. (3) Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties, including to any city attorney. Existing law makes it a misdemeanor for a person authorized to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Attorney General to furnish state summary criminal history information to a city prosecutor. Because the unlawful disclosure of this summary criminal history information would be a crime, this bill would impose a state-mandated local program. (4) Existing law exempts records of the Department of Motor Vehicles (DMV) of a conviction of reckless driving from the California Public Records Act on and after a date which is 5 years after the date of conviction of that offense. Existing law requires, on and after that date, the department to make that information available only to specified persons, including prosecuting city attorneys. This bill would additionally make that information available to city prosecutors. (5) Existing law makes the home address that appears in a record of the DMV of specified people, including city attorneys or attorneys employed by a city attorney, as specified, confidential if that person requests the confidentiality of that information. This bill would expand those provisions to additionally cover the home address of a city prosecutor or an attorney employed by the city prosecutor, as specified. (6) Existing law requires the DMV to provide access to the records of the department to, among others, city attorneys prosecuting misdemeanor actions, as specified. This bill would additionally require the DMV to provide access to the records of the department to city prosecutors prosecuting misdemeanor actions. (7) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by SB 420 to be operative only if this bill and SB 420 are enacted and this bill is enacted last. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 299, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2935.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2335.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. From Consent Calendar.

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  13. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1619.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).

  19. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.

  20. Re-referred to Com. on PUB. S.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee March 21.

  24. Read first time. To print.

Sponsors

  • O'Donnell · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • O'Donnell

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1418 O'DONNELL Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 15000
Unaffiliated 56002
Republican 6000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Baker — Yea
Harper — Yea
Jones-Sawyer — Yea
Mathis — Yea
Melendez — Yea
Obernolte — Yea
Ridley-Thomas — Not Voting
Thurmond — Yea
Weber — Yea
Cooper — Yea
Gloria — Yea
Chau — Yea
Chu — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Fong — Yea
Salas — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Acosta — Yea
Bloom — Yea
Brough — Yea
Burke — Yea
Gray — Yea
Frazier — Yea
Bocanegra — Yea
Rubio — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
Mullin — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Wood — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1418 O'Donnell By Lara

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Hueso — Yea
Leyva — Yea
Monning — Not Voting
Moorlach — Yea
Morrell — Yea
Pan — Yea
Wilk — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Skinner — Yea
Portantino — Yea
De León — Yea
Mitchell — Yea
Wieckowski — Yea
Bates — Yea
Beall — Yea
Allen — Yea
Atkins — Yea
Galgiani — Yea
Hernandez — Yea
Dodd — Yea
Mendoza — Yea
Newman — Yea
Roth — Yea
Anderson — Yea
Bradford — Yea
Vidak — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1418 O'DONNELL Consent Calendar Second Day

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 49008
Democratic 13003
Republican 7000
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Levine — Yea
Mathis — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Yea
Chávez — Yea
Eggman — Yea
Low — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Medina — Yea
Salas — Yea
Chu — Yea
Thurmond — Yea
Frazier — Not Voting
Gray — Yea
Bocanegra — Yea
Gomez — Yea
Rubio — Yea
Harper — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Kiley — Yea
Burke — Yea
Maienschein — Yea
McCarty — Yea
Chau — Not Voting
Chiu — Yea
Cooley — Yea
Cooper — Yea
Melendez — Yea
Mullin — Not Voting
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Not Voting
Santiago — Not Voting
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Not Voting
Gloria — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Bocanegra — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1418 do?
(1) Existing law authorizes the charter of any city to establish the office of city prosecutor with specified powers and duties. Existing law makes it a crime for a person to maintain, permit, or allow a public nuisance to exist upon his or her property or premises, or to maintain, permit, or allow a public nuisance to exist on property or premises he or she is occupying or leasing from another person, after reasonable notice in writing from a city attorney. This bill would also authorize a city prosecutor to prosecute a person for allowing a public nuisance to exist in those situations. (2) Existing law authorizes a defendant to file a motion to disqualify a city attorney from performing an authorized duty involving a criminal matter, and prohibits the motion from being granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. Existing law authorizes a city attorney to appeal an order recusing him or her from a proceeding. This bill would expand those procedures to additionally apply to a city prosecutor. (3) Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties, including to any city attorney. Existing law makes it a misdemeanor for a person authorized to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Attorney General to furnish state summary criminal history information to a city prosecutor. Because the unlawful disclosure of this summary criminal history information would be a crime, this bill would impose a state-mandated local program. (4) Existing law exempts records of the Department of Motor Vehicles (DMV) of a conviction of reckless driving from the California Public Records Act on and after a date which is 5 years after the date of conviction of that offense. Existing law requires, on and after that date, the department to make that information available only to specified persons, including prosecuting city attorneys. This bill would additionally make that information available to city prosecutors. (5) Existing law makes the home address that appears in a record of the DMV of specified people, including city attorneys or attorneys employed by a city attorney, as specified, confidential if that person requests the confidentiality of that information. This bill would expand those provisions to additionally cover the home address of a city prosecutor or an attorney employed by the city prosecutor, as specified. (6) Existing law requires the DMV to provide access to the records of the department to, among others, city attorneys prosecuting misdemeanor actions, as specified. This bill would additionally require the DMV to provide access to the records of the department to city prosecutors prosecuting misdemeanor actions. (7) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by SB 420 to be operative only if this bill and SB 420 are enacted and this bill is enacted last. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1418?
AB 1418 is sponsored by O'Donnell.
What is the current status of AB 1418?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1418?
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