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.