Bill Text: CA AB2195 | 2021-2022 | Regular Session | Chaptered
Bill Title: Crimes: nuisance.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-23 - Chaptered by Secretary of State - Chapter 487, Statutes of 2022. [AB2195 Detail]
Download: California-2021-AB2195-Chaptered.html
Assembly Bill
No. 2195
CHAPTER 487
An act to add Section 372.5 to the Penal Code, relating to crimes.
[
Approved by
Governor
September 23, 2022.
Filed with
Secretary of State
September 23, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2195, Jones-Sawyer.
Crimes: nuisance.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 372.5 is added to the Penal Code, to read:372.5.
(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.