District attorneys: conflicts of interest.
Summary
Existing law authorizes a party to file a motion to disqualify a district attorney, city attorney, or city prosecutor from performing an authorized duty. Existing law requires notice of the motion to be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. Under existing law, the motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. This bill would require a district attorney or the Attorney General to recuse themselves from a decision relating to investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty if the district attorney or Attorney General has a conflict of interest, as specified. The bill would state that a conflict of interest exists when a district attorney or the Attorney General who is investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty received a monetary benefit from a member organization or association solely representing law enforcement in specified circumstances at any point between the time the district attorney or the Attorney General filed to run for the office of district attorney or Attorney General until the conclusion of their term in that office.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Senate Passage
Jun 2021
Assembly Passage
Governor
Introduced Feb 19, 2021
Last action Aug 26, 2021
Floor votes · Senate Jun 2, 2021
How they voted
24–9
Passed · 4 other
Total votes 37
Jun 2, 2021
D
Democratic29
82% Yea
R
Republican8
75% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
7
Committee
5
Amendments
3
Aug 26, 2021
Lower · Passed
August 26 hearing: Held in committee and under submission.
lower
Jun 30, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 29). Re-referred to Com. on APPR.
lower
Jun 10, 2021
Committee
Referred to Com. on PUB. S.
lower
Jun 2, 2021
Upper · Passed
Read third time. Passed. (Ayes 26. Noes 10. Page 1381.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 20, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1201.) (May 20).
upper
Apr 6, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 690.) (April 6). Re-referred to Com. on APPR.
upper
Mar 25, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Mar 3, 2021
Committee
Referred to Com. on PUB. S.
upper
Feb 19, 2021
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Steve Bradford
DDemocratic
Co
Alex Lee
DDemocratic
Co
Laura Friedman
DDemocratic
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