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HomeMy WebLinkAboutResolution No. 53690 0 RESOLUTION NO. 5369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RELATING TO LEGISLATION AFFECTING LAW ENFORCEMENT. WHEREAS, it is the duty of every citizen to help law enforcement protect people from crime, and WHEREAS, there is a need for better laws to deal with today's crime problems, and WHEREAS, the District Attorney of Los Angeles County, Evelle J. Younger, together with police agencies and others in law enforcement, will back some new legal measures to make it easier to fight crime, and WHEREAS, the City of Azusa has studied the District Attorney's proposals for new laws. THEREFORE BE IT RESOLVED that the City of Azusa strongly supports the enactment of each of the proposals contained in the attached pamphlet entitled "Legislative Proposals" and designated Exhibit "A". The City Clerk shall certify to the adoption of this resolution. Adopted and approved this 1st day of April , 1968. I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 1st day of April , 19680 by the following vote of the Council: AYES: Councilmen: Rubio, Calvert, Solem, McLees, Cooney NOES: Councilmen: None ABSENT: Councilmen: None C yCerc E V f E E E Y O U N G E R D 1 5 T R I C T LEGISLATIVE PROPOSALS February 1, 1968 EXHIBIT "A" T O R N E Y co -:t - CD PANDERING PORNOGRAPHY BILL Bill An act to amend Penal Code section 311, subdivision a, relating to the definition of "obscenity," and Penal Code section 311.5, relating to the advertisement of matter represented or held out to be obscene. Effect This bill will serve the following two purposes: (a) It will codify United States Supreme Court decisions which permit evidence of pandering to be considered in determining the nature of the matter and its lack of redeeming social importance. (b) It will redefine the crime of advertising matter represented or held out to be obscene so as to include persons who promote the sale, distribution or exhibition of such matter. Background This bill will permit the prosecution to offer into evidence ways by which a publisher, in promoting material, has exploited and pandered such material for its prurient appeal. This is simply a codification of a rule which was enunciated by the United States Supreme Court, and which will assist in the pro- secution of the large-scale producers and publishers of obscene materials -- a multi-million dollar business. The second portion of the bill results from a prior California appellate court decision holding that, under present existing law, Penal Code section 311.5 makes it criminal for a person to solicit someone else to promote the sale or distribution of matter represented or held out to be obscene, but does not cover a person who himself engages in such promotion. This appellate decision resulted from an apparently inadvertent omission of draftsmanship in the language originally enacted as Penal Code section 311.5. The present amendment overcomes what appears to be an obvious oversight originally on the part of the Legislature. It is difficult to believe that the Legislature intended to permit a person to do things himself, without any criminal liability, for which he was made criminally punishable if others were to do these very same things at his request. Senate Bill No. 134 JUVENILE POR-140GRAPIIY BILL Bill An act to add chapter 7.6 (commencing with Section 313) to title 9 of part 1 of the Penal Code, relating to distribution of harmful matter to children. Effect This bill will make it a misdemeanor (a) to knowingly sell, distribute or loan harmful matter to a person under the age of 18; (b) to knowingly sell to a person under the age Of 18 an admission ticket . . . to premises whereon there is exhibited "harmful matter;" (c) to knowingly send to a person under the age of 18 . . . an advertisement offering to sell . . . any matter which is in fact harmful or which is represented or held out to be harmful. "Harmful matter" is defined as "matter whose description,or representation, or both, of nudity, sex, or sexually deviant practices taken as a whole (i) predominantly appeals to the prurient, shameful, or morbid interest of minors in nudity, sex, or sexually deviant practices; (ii) is patently offen- sive to contemporary standards in the adult community as a whole with respect to the suitability of such description or representation for minors; and (iii) is of slight redeeming social importance for minors." The bill provides exceptions for public libraries, parent-child transactions and, under certain circumstances, motion picture projectionists, as well as protecting those who in good faith inadvertently sell or furnish harmful matter to persons under the age of 18. Background This bill attempts to stem the indiscriminate flow of porno- graphic material to minors emanating from sources whose only concern with what they sell, or to whom they sell it, is the profits involved. Rather than permitting persons to sell anything they choose to children, this law would protect a parent's right to determine what his child should see or read, while simultaneously affording adequate protection to those who in good faith attempt to comply with the law. This bill does not attempt to limit or censor in any way materials adults may desire to read or view. Nor does it limit or censor in any way what materials parents may furnish to their children, or what juveniles may legitimately obtain through their school or public library. Rather, it establishes a community determined constitutional standard as to what material can be furnished to minors from such sources as newsstands and mail order houses. This stand- ard is different in intent and purpose from that applied to transactions between adults. The use of a standard for juveniles which is more restrictive than that applicable to adults is constitutionally permissible in the light of the state's concern for protecting the well- being of its youth. Our society has long recognized its right and duty to protect minors from physical hazards to their health and welfare. For that reason, the sale of tobacco and liquor to minors has long been prohibited and the working conditions of minors regulated. It is just as important and right that we should now protect the mental health and morals of our juveniles in their formative years from exposure to pornographic materials. This bill, which was drafted and prepared by our office, has been introduced into the Legislature. Senate Bill No. 124 PROSECUTION FELONY APPEALS BILL Bill An act to amend Penal Code section 1238, relating to appeals by the People of the State of California. Effect This bill would permit the prosecution to appeal from "an order or judgment dismissing or otherwise terminating the action before the defendant has been placed in jeopardy or where the defendant has waived jeopardy." (Jeopardy is that time in a criminal case where the Constitution prohibits proceeding with another trial of a defendant after the pre- vious trial has been terminated. In other words, the defen- dant cannot be retried.) If the defendant has waived jeopardy, the People may try him again. Background At the present time the prosecution may appeal the dismissal or termination of a misdemeanor case before the defendant has been placed in jeopardy or when the defendant has waived jeopardy. There is no evidence that this provision has re- sulted in any abuse or undue hardship upon defendants. Instead, it has permitted the adjudication of the truth in misdemeanor cases in accordance with a correct application of the law. The provision relating to misdemeanors, in effect, authorizes appeals only on questions of law and not on questions of fact, since the prosecution cannot appeal from an acquittal. Yet in felony cases, the right of the prosecution to appeal is more limited despite the fact that the harm to society may be much greater if the person charged with a felony is erroneously permitted to evade the proper administration of justice. The bill would grant the prosecution the same rights in felonies as it now is granted in misdemeanors. No problem of jeopardy is involved, since there must either be a dismissal or termination of the action before jeopardy, or the defendant must have waived his right to claim jeopardy. The net effect of the bill will be to provide more equal justice to all, since it will insure that all those who allegedly violate the lace will be subject to the proper application of the lac,. The bill will thus prevent unequal protection of the law due to misapplication of the law. 0 0 GRAND JURY Bill An act to amend various sections of the Government Code and Penal Code relating to Grand Juries. Effect To permit the empaneling of additional Grand Juries for specific assignments by the court on its own motions or at the request of the District Attorney. Background Historically, each county in the State of California has had just one Grand Jury which serves for a full year. The Grand Jury has had essentially two roles: (1) that of investigating and examining the operation of the various governmental agencies within the County, and (2) hearing evidence of criminal charges and deliberating upon the finding of indictments. Experience in the County of Los Angeles with its large pop- ulation and numerous large governmental departments has shown that one Grand Jury cannot effectively handle all of its assigned tasks without a tremendous burden upon the time of the members of the Grand Jury. There are many criminal cases which could and should be handled by the Grand Jury if time and the schedule of the Jury will permit. Many times this has not been possible. If this suggested machinery were established it would permit the District Attorney to request the court, or would permit the court on its own motion, to impanel additional Grand Juries within the County for the purpose of hearing specific cases or undertaking specific investigations. This would in turn allow the main Grand Jury to devote more of its time to its assigned duties of investigating into the operating of County government and to make a more significant contribution to the administration of criminal justice. Assembly Bill No. 193 ARREST RECORDS • Since his election in 1964, the District Attorney has had this office involved in continuing efforts to develop legislation to provide meaningful relief to persons who have been arrested, but who are actually innocent of any wrongdoing. We feel that through our efforts, and in conjunction with the Senate Judiciary Committee, a bill will be forthcoming that will provide a method whereby innocent persons will be relieved of the stigma of an arrest record, and at the same time pre- serving law enforcement's interest in the integrity of its records system.