BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2632| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2632 Author: Davis (D) Amended: 8/5/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page for vote SUBJECT : Gang injunctions: tracking of contempt of court violations SOURCE : Los Angeles County District Attorney DIGEST : This bill separately and specifically defines a violation of a gang injunction as contempt of court, instead of defining such conduct generally as violation of a court order, in order to allow statistical tracking of gang injunction violations and to allow prosecutors to fully review a defendant's background. Senate Floor Amendments of 8/5/10 are double-jointing amendments to protect this bill and AB 2217 (Fuentes). NOTE: This bill passed the Senate (34-0) on July 1, 2010, CONTINUED AB 2632 Page 2 and has been returned for these amendments. ANALYSIS : Existing law provides for injunctive relief from the unlawful activities of criminal street gangs. Existing law provides that disobedience of the terms of any court order constitutes a contempt of court, and is punishable as a misdemeanor. This bill specifically provides that willful disobedience of the terms of any injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by the court, including an order pending trial, constitutes contempt of court, and is punishable as a misdemeanor. This bill is double-jointed with AB 2217 (Fuentes). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/9/10) Los Angeles County District Attorney (source) California State Sheriffs' Association Orange County Employees Association San Bernardino County Sheriff ARGUMENTS IN SUPPORT : 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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, AB 2632 Page 3 Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal, Torrico, Vacancy RJG:mw 8/9/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2632| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2632 Author: Davis (D) Amended: 8/5/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page for vote SUBJECT : Gang injunctions: tracking of contempt of court violations SOURCE : Los Angeles County District Attorney DIGEST : This bill separately and specifically defines a violation of a gang injunction as contempt of court, instead of defining such conduct generally as violation of a court order, in order to allow statistical tracking of gang injunction violations and to allow prosecutors to fully review a defendant's background. Senate Floor Amendments of 8/5/10 are double-jointing amendments to protect this bill and AB 2217 (Fuentes). NOTE: This bill passed the Senate (34-0) on July 1, 2010, CONTINUED AB 2632 Page 2 and has been returned for these amendments. ANALYSIS : Existing law provides for injunctive relief from the unlawful activities of criminal street gangs. Existing law provides that disobedience of the terms of any court order constitutes a contempt of court, and is punishable as a misdemeanor. This bill specifically provides that willful disobedience of the terms of any injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by the court, including an order pending trial, constitutes contempt of court, and is punishable as a misdemeanor. This bill is double-jointed with AB 2217 (Fuentes). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/9/10) Los Angeles County District Attorney (source) California State Sheriffs' Association Orange County Employees Association San Bernardino County Sheriff ARGUMENTS IN SUPPORT : 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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, AB 2632 Page 3 Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal, Torrico, Vacancy RJG:mw 8/9/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****