AB 2195: Crimes: nuisance.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-23
Existing law makes public nuisance a misdemeanor, and defines a public nuisance as anything which is injurious to health, or is indecent, or offensive to the senses, so as to interfere with the comfortable enjoyment or life or property by an entire community, neighborhood, or considerable number of persons.
This bill would make a defendant sentenced for a violation of this public nuisance law based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, selling, or possession or use of a drug, or possession or use of drug paraphernalia, punishable by an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a misdemeanor charge that meets that criteria, punishable as a misdemeanor or an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a felony charge that meets that criteria, punishable as a felony or a misdemeanor. By changing the punishment of a crime, this bill would impose a state-mandated local program.
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.
Existing law makes public nuisance a misdemeanor, and defines a public nuisance as anything which is injurious to health, or is indecent, or offensive to the senses, so as to interfere with the comfortable enjoyment or life or property by an entire community, neighborhood, or considerable number of persons.
This bill would make a defendant sentenced for a violation of this public nuisance law based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, selling, or possession or use of a drug, or possession or use of drug paraphernalia, punishable by an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a misdemeanor charge that meets that criteria, punishable as a misdemeanor or an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a felony charge that meets that criteria, punishable as a felony or a misdemeanor. By changing the punishment of a crime, this bill would impose a state-mandated local program.
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.
Existing law makes public nuisance a misdemeanor, and defines a public nuisance as anything which is injurious to health, or is indecent, or offensive to the senses, so as to interfere with the comfortable enjoyment or life or property by an entire community, neighborhood, or considerable number of persons.
This bill would make a defendant sentenced for a violation of this public nuisance law based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, selling, or possession or use of a drug, or possession or use of drug paraphernalia, punishable as an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a misdemeanor charge that meets that criteria, punishable as a misdemeanor or an infraction. The bill would make a violation of public nuisance under those circumstances, if the dismissal is of a felony charge that meets that criteria, punishable as a felony or a misdemeanor. By changing the punishment of a crime, this bill would impose a state-mandated local program.
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.
(a)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, a term of which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(b)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more misdemeanor charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is punishable by a fine of not exceeding one thousand dollars ($1,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or as an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(c)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more felony charges that allege cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or to sell a drug, or unlawful possession of a drug, public nuisance is punishable pursuant to subdivision (h) of Section 1170 for a period of 16 months, or two or three years, or by imprisonment in a county jail for not more than one year.
(d)For purposes of this section, drug is defined as under Section 11014 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, a term of which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(b)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more misdemeanor charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is punishable by a fine of not exceeding one thousand dollars ($1,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or as an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(c)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more felony charges that allege cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or to sell a drug, or unlawful possession of a drug, public nuisance is punishable pursuant to subdivision (h) of Section 1170 for a period of 16 months, or two or three years, or by imprisonment in a county jail for not more than one year.
(d)For purposes of this section, drug is defined as under Section 11014 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, or pursuant to an indicated sentence of the court, a term of which includes the dismissal of one or more infraction charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(b)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more misdemeanor charges that allege unlawfully cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or sell a drug, unlawful use of a drug, or unlawful possession or use of a drug or drug paraphernalia, public nuisance is punishable by a fine of not exceeding one thousand dollars ($1,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or as an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).
(c)Notwithstanding Section 372, if a defendant is sentenced for a violation of Section 370 based on a disposition negotiated between the defendant and the prosecution, a term of which includes the dismissal of one or more felony charges that allege cultivating, manufacturing, transporting, giving away, or selling a drug, or offering to transport, give away, or to sell, a drug, or unlawful possession of a drug, public nuisance is punishable pursuant to subdivision (h) of Section 1170 for a period of 16 months, or two or three years, or by imprisonment in a county jail for not more than one year.
(d)For purposes of this section, drug is defined as under Section 11014 of the Health and Safety Code.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Sep 23, 2022 | Chaptered by Secretary of State - Chapter 487, Statutes of 2022. |
| Sep 23, 2022 | Approved by the Governor. |
| Aug 31, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 24, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10. Page 5049.). |
| Aug 2, 2022 | Read second time. Ordered to third reading. |
| Aug 1, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 1, 2022 | Referred to Com. on PUB. S. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 4821.) |
| Apr 28, 2022 | Read second time. Ordered to third reading. |
| Apr 27, 2022 | From committee: Do pass. (Ayes 11. Noes 4.) (April 27). |
| Mar 29, 2022 | Coauthors revised. |
| Feb 24, 2022 | Referred to Com. on PUB. S. |
| Feb 16, 2022 | From printer. May be heard in committee March 18. |
| Feb 15, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2022 | Assembly 3rd Reading AB2195 Jones-Sawyer et al. By Becker | Senate Floor |
Passed |
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| May 23, 2022 | AB 2195 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
