BILL ANALYSIS
AB 2632
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2632 (Davis)
As Amended June 23, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 29, |SENATE: |34-0 |(July 1, 2010) |
| | |2010) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Designates a violation of a specific gang injunction
subsection as a separate and distinct contempt of court to allow
statistical tracking of gang injunction violations.
The Senate amendments make non-substantive, technical changes.
EXISTING LAW :
1)Provides that the following persons are in contempt of court
and guilty of a misdemeanor:
a) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the
immediate view and presence of the court, and directly
tending to interrupt its proceedings or to impair the
respect due to its authority;
b) Disorderly, contemptuous, or insolent behavior committed
in the presence of any referee, while actually engaged in
any trial or hearing, pursuant to the order of any court,
or in the presence of any jury while actually sitting for
the trial of a cause, or upon any inquest or other
proceedings authorized by law;
c) Any breach of the peace, noise, or other disturbance
directly tending to interrupt the proceedings of any court;
d) Willful disobedience of the terms as written of any
process or court order or out-of-state court order,
lawfully issued by any court, including orders pending
trial;
e) Resistance willfully offered by any person to the lawful
AB 2632
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order or process of any court;
f) The contumacious and unlawful refusal of any person to
be sworn as a witness or, when so sworn, the like refusal
to answer any material question;
g) The publication of a false or grossly inaccurate report
of the proceedings of any court; and,
h) Presenting to any court having power to pass sentence
upon any prisoner under conviction, or to any member of the
court, any affidavit or testimony or representation of any
kind, verbal or written, in aggravation or mitigation of
the punishment to be imposed upon the prisoner, except as
provided, as specified.
2)Allows every building or place used by members of a criminal
street gang for the purpose of the commission of a felony for
the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote,
further, or assist in any criminal conduct, or any offense
involving dangerous or deadly weapons, burglary, or rape, and
every building or place wherein or upon which that criminal
conduct by gang members takes place, is a nuisance to be
enjoined, abated, and prevented, and for which damages may be
recovered, whether it is a public or private nuisance.
3)Provides any person who is convicted of a public offense
punishable as a felony or a misdemeanor, which is committed
for the benefit of, at the direction of or in association
with, any criminal street gang with the specific intent to
promote, further, or assist in any criminal conduct by gang
members, shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison
for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be
imprisoned for a period not to exceed one year, but not less
than 180 days, and shall not be eligible for release upon
completion of sentence, parole, or any other basis, until he
or she has served 180 days. If the court grants probation or
suspends the execution of sentence imposed upon the defendant,
it shall require as a condition thereof that the defendant
serve 180 days in a county jail.
AS PASSED BY THE ASSEMBLY , this bill designated a specific gang
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injunction subsection under the contempt of court statute for
statistical purposes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible nonreimbursable state costs as this
measure neither alters penalties or requires additional
reporting.
COMMENTS : According to the author, "Many communities would
like to measure the effectiveness of gang injunctions but are
often presented with a lack of accurate, reportable information.
This bill would allow communities to review specific
information related to gang injunctions. This bill would also
provide law enforcement and the courts with more accurate
information to assist with enforcement efforts and sentencing."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0005182