City prosecutors.

(1) Existing law authorizes the charter of any city to establish the office of city prosecutor with specified powers and duties. Existing law makes it a crime for a person to maintain, permit, or allow a public nuisance to exist upon his or her property or premises, or to maintain, permit, or allow a public nuisance to exist on property or premises he or she is occupying or leasing from another person, after reasonable notice in writing from a city attorney. This bill would also authorize a city prosecutor to prosecute a person for allowing a public nuisance to exist in those situations. (2) Existing law authorizes a defendant to file a motion to disqualify a city attorney from performing an authorized duty involving a criminal matter, and prohibits the motion from being granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. Existing law authorizes a city attorney to appeal an order recusing him or her from a proceeding. This bill would expand those procedures to additionally apply to a city prosecutor. (3) Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties, including to any city attorney. Existing law makes it a misdemeanor for a person authorized to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Attorney General to furnish state summary criminal history information to a city prosecutor. Because the unlawful disclosure of this summary criminal history information would be a crime, this bill would impose a state-mandated local program. (4) Existing law exempts records of the Department of Motor Vehicles (DMV) of a conviction of reckless driving from the California Public Records Act on and after a date which is 5 years after the date of conviction of that offense. Existing law requires, on and after that date, the department to make that information available only to specified persons, including prosecuting city attorneys. This bill would additionally make that information available to city prosecutors. (5) Existing law makes the home address that appears in a record of the DMV of specified people, including city attorneys or attorneys employed by a city attorney, as specified, confidential if that person requests the confidentiality of that information. This bill would expand those provisions to additionally cover the home address of a city prosecutor or an attorney employed by the city prosecutor, as specified. (6) Existing law requires the DMV to provide access to the records of the department to, among others, city attorneys prosecuting misdemeanor actions, as specified. This bill would additionally require the DMV to provide access to the records of the department to city prosecutors prosecuting misdemeanor actions. (7) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by SB 420 to be operative only if this bill and SB 420 are enacted and this bill is enacted last. (8) 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.