Administration of Justice 09/20/2010
Nuisance Abatement
AB 1502 (Eng) – Support
As Enrolled on August 18, 2010
AB 1502, by Assembly Member Mike Eng, would grant county counsels
the authority to bring nuisance abatement actions.
As counties are aware, pursuant to Section 17801 of the Business
and Professions Code, county district attorneys and city
attorneys are authorized to bring civil action against public
nuisance, controlled substance nuisance, gambling nuisance and
prostitution. AB 1502 would extend this authority to county
counsels in an effort to address these issues in rural and
unincorporated areas of counties. Further, the measure imposes
the same reporting requirements on county counsels exercising
this authority as it does on county district attorneys and city
attorneys.
AB 1502 is sponsored by the Los Angeles Sheriffs’ Department. It
passed off the Assembly Floor on August 16 and is now on its way
to the Governor for consideration and action.
Public Records/Information Security
AB 2091 (Conway) – Support
As Enrolled on August 12, 2010
AB 2091, by Assembly Member Connie Conway, would expand existing
Public Records Act (PRA) exemptions to include specified
information security documents, including risk assessments,
incident reports, and disaster recovery plans.
Specifically, AB 2091 would establish Government Code Section
6254.19, making specified information security documents and
information exempt from disclosure. Counties believe this narrow
exemption makes sense. Public entities’ reliance on information
technology to manage its operations and work efficiently is,
obviously, very extensive. Public agencies’ ability to make use
of technological advances and tools should not be hindered by
fears that they could be required to turn over sensitive
information security documentation or files. AB 2091 would merely
build upon previously approved exemptions in the PRA where a
compelling argument can be made that the public benefit in
keeping certain matters confidential exceeds the benefit of
disclosing that information.
AB 2091 was approved by both houses and is on its way to the
Governor’s office for consideration and action.
DNA Analysis
AB 2009 (Logue) – Support
As Enrolled on August 16, 2010
AB 2009, by Assembly Member Dan Logue, would grant local
governments the authority to expend funds in their DNA
Identification Fund on investigative services performed by
private laboratories.
Currently, Government Section 76104.6 requires counties to use
funds from its DNA Identification Fund to pay for DNA laboratory
services performed by all the Department of Justice (DOJ). AB
2009 would allow counties to opt to utilize private laboratories,
which would produce faster results and perhaps help reduce DOJ
backlogs. It is important to note that Penal Code Section 298.3
presently allows DOJ to contract with private laboratories to
assist in analyzing DNA samples. AB 2009 would merely extend this
privilege to counties, allowing cases to be resolved more quickly
at the local level.
AB 2009 passed out of the Legislature on August 12, 2010 and is
before the Governor for his consideration and action.