City attorneys going after illegal gambling dens, brothels and other problem properties in California are about to see a lot more of the people behind them. Gov. Gavin Newsom has signed AB 2001, a bill by San Francisco Assemblymember Catherine Stefani that opens state criminal-history records to local civil prosecutors in nuisance cases.
What changes
Until now, the city attorneys and county counsels who bring civil public-nuisance cases could not see a person's prior convictions or outstanding warrants from outside their own jurisdiction, KALW reported. AB 2001 requires the state to share its summary criminal-history information with them when they pursue certain cases, including red-light abatement actions against brothels, illicit massage businesses, illegal cannabis operations, substandard housing and illegal gambling, according to Stefani's office.
The idea, Stefani said in a statement, is to spot repeat players: "When we can't see the patterns of behavior from repeat offenders, illegal operations stay in business and neighborhoods pay the price." San Francisco City Attorney David Chiu, whose office backed the bill along with the city and the California State Sheriffs' Association, called it "an important tool" for holding businesses accountable. Like most new state laws, it is set to take effect Jan. 1, 2027.
Why critics object
The ACLU California Action, DecrimSexWorkCA and the Ella Baker Center for Human Rights opposed the bill, KALW reported. Their concern, as summarized by Hoodline citing 48 Hills, is that the records include arrests and charges that never led to a conviction, and that they would be used in civil court, where there is no jury and the standard of proof is lower than in a criminal trial. Hoodline also notes that once a nuisance is proven, a court can close a building for a year or impose civil penalties of up to $25,000. Critics argue nuisance laws have historically fallen hardest on marginalized communities.
What to watch
The law doesn't create new crimes or penalties. It changes what prosecutors know when they build a case. How often San Francisco and other cities use it against massage parlors, gambling halls and slumlord properties will show up in the nuisance suits filed starting next year.