AB 281

Bill Subjects

Abstract

Existing law, subject to certain exceptions, provides that it is a misdemeanor for any person to commit various kinds of contempt of court, including, among other things, 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 a court, including an order pending trial. This bill would provide that a first violation of such an injunction would be punishable by imprisonment in a county jail for not more than 6 months, or by a fine not exceeding $1,000, or by both that imprisonment and fine. A 2nd violation occurring within 7 years of the first violation would be punishable by imprisonment in a county jail for not more than 9 months, or by a fine not exceeding $2,500, or by both that imprisonment and fine. A 3rd or subsequent violation occurring within 7 years of a prior violation would be punishable by imprisonment in a county jail for not more than one year, or by a fine not exceeding $5,000, or by both that imprisonment and fine. The bill would also provide that these penalties would apply unless a greater penalty is authorized by other provisions of law. By increasing the penalties for an existing 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.