Continually frustrated by L.A. District Attorney George Gascón's unwillingness to prosecute most state misdemeanor cases, the city of Manhattan Beach is backing legislation that would revise state policy to allow cities to prosecute those misdemeanors themselves.
The city has agreed to serve as a cosponsor of Assembly Bill (AB)
2309, introduced by Assemblymember Al Muratsuchi, to authorize the city attorney of any
general law or chartered city to prosecute misdemeanors committed within
the city arising out of a violation of state law. (Amendments to the bill were filed on Thursday by Muratsuchi’s office limiting
the bill’s applicability to Los Angeles County cities only.)
Since Gascón was elected in 2020, Manhattan Beach has been chafing under his limitations in pursuing those crimes. 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 then 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.
(Possession of drug paraphernalia is one of the state misdemeanors the city is seeking to be able to prosecute.)
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.
Press Release from Manhattan Beach Regarding Misdemeanor Prosecution Bill
Following the filing of amendments to AB 2309 on Thursday, the city of Manhattan Beach released the following press release:
The City of Manhattan Beach is sponsoring a bill to revise state law [that] would allow cities to prosecute misdemeanors. Under current law,
many cities must first obtain the permission of the county District
Attorney in order to prosecute such misdemeanors. Assembly Bill (AB)
2309, introduced by Assemblymember Al Muratsuchi on February 12, 2024,
removes the consent requirement and authorizes the city attorney of any
general law or chartered city to prosecute misdemeanors committed within
the city arising out of a violation of state law. Amendments to AB 2309
are being filed today by Assemblymember Al Muratsuchi’s office limiting
the bill’s applicability to Los Angeles County cities only.
Currently, Manhattan Beach has been denied the consent of the Los
Angeles County District Attorney to prosecute misdemeanors committed
within the city arising out of a violation of state law, and instead
relies on the District Attorney to prosecute such matters. It is Los
Angeles County District Attorney’s policy on misdemeanor prosecution to
not charge 13 misdemeanors as specified per Special Directive 20-07. If
enacted, AB 2309 would remove the consent requirement in state law and
authorize the City Attorney to prosecute misdemeanors committed in the
City. The District Attorney would still be responsible for prosecuting
felony crimes throughout Los Angeles County.
“AB 2309 would be a significant step forward in our commitment to
combating crime in Manhattan Beach,” said Mayor Joe Franklin. “I am
grateful for the partnership with Assemblymember Muratsuchi, whose
dedication to our community has led to the introduction of legislation
that would empower us to prosecute state misdemeanors locally. This
effort reflects our shared vision for a safer and more secure city
through a more responsible and effective criminal justice system at the
municipal level that will preserve our residents’ welfare and quality of
life.”
Since March 2021 Manhattan Beach has been exploring a way to
prosecute state misdemeanors locally; however, the Los Angeles County
District Attorney’s Office has declined granting consent to do so. The
City Council has directed staff to allocate additional efforts towards
effective, locally controlled, public safety initiatives. Most notably,
the Council authorized hiring seven new police officers and authorized
three firefighters in fire suppression, allocated funding to a security
camera program, and other measures designed to safeguard our community.
(Possession of drug paraphernalia is one of the state misdemeanors the city is seeking to be able to prosecute.)