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  ****