Resolution No. 3001
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1RESOLUTION NO. 3001
:3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, URGING THE
ADOPTION OF THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S RECOMMENDA-
3 TIONS FOR LEGISLATIVE PROPOSALS.
4 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
5 WHEREAS, Evelle J. Younger, District Attorney of the
6 County of Los Angeles, under date of January 4, 1969, has recom-
7 mended to the City Council of the City of Vernon that certain
8 legislative remedies be adopted by the State Legislature of the
9 State of California, to provide that the citizens of the County of
10 Los Angeles and the incorporated cities therein receive the type
11 of law enforcement and criminal justice to which they are entitled,
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13 WHEREAS, the City Council of the City of Vernon feels
14 that such proposals are beneficial and needed at this time,
15 NOW, THEREFORE, BE IT RESOLVED:
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SECTION 1: That the City Council of the City of Vernon
17 strongly supports the enactment of each of the legislative proposal
18 contained in the request for remedial legislation as set forth by
19 Evelle J. Younger, District Attorney of the County of Los Angeles
20 dated February 1, 1969, and strongly urges the adoption of the
21 same by the state Legislature of the State of California.
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SECTION 2: That the City Clerk of the City of Vernon
23 shall certify to the passage of this resolution, and thereupon and
24 thereafter the same shall be in full force and effect.
25 ADOPTED and APPROVED this 4th day of March, 1969.
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F. ,.1emer, City
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1 STATE OF CALIFORNIA )
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:3 COUNTY OF LOS ANGELES)
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4 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing resolution, being Resolution
6 No. 3001, was duly adopted by the City Council of the City of
7 Vernon, and approved by the Mayor of said City, at a regular
8 meeting of the City Council held on March 4,l969.
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Clerk
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SUPPORTING
DOCUMENTS
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COUNTY OF LOS ANGELES
OFFICE OF THE DISTRICT ATTORNEY
RECEIVED
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F. A. ZIEMER
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600 HALL OF JUSTICE
LOS ANGELES, CALIFORNIA 90012
EVELLE J. YOUNGER, DISTRICT ATTORNEY
January 4, 1969
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,./-'~. The ~i ty Counci 1
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4305 Santa Fe Avenue
Vernon, California 90058
MAR 4
1969
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Attention: Mr. F. A. Ziemer, City Clerk
Gentlemen:
As the District Attorney of Los Angeles County, I believe that
there are specific legislative remedies available to provide
the citizens of the County with the type of law enforcement
and criminal justice to which they are entitled. To this end,
my office has proposed this year, as in past years, a specific
program of Legislative Proposals which you will find attached
hereto and which we feel cover areas of particular importance.
In the 1968 Legislative Session, our office was able to present
to the State Legislators the written endorsements of our
legislative proposals not only from major civic, fraternal,
labor and other community groups, but also endorsements by
resolution of the majority of the City Councils in the County
of Los Angeles. In all likelihood, your city was included.
Endorsements of this type were probably the single most
effective influence persuading the legislators of 1968 to pass
the majority of our Legislative Proposals.
I am again asking that your city join with me and the majority
of the citizens in Los Angeles County in active support to
secure passage of the attached Legislative Proposals. If at
your next regular session the honorable members of your City
Council will consider and support this program, I am sure we
will be able to perform a better service to the citizens of
Los Angeles County in the difficult war against crime.
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Enclosure
EVELLE J. YOUNGER... DISTRICT ATTORNEY
LEGISLATIVE PROPOSALS
February 1, 1969
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As District Attorney of Los Angeles County I
believe that there are certain problems confronting the
citizens of this state in the administration of criminal
justice which can only be solved by the State Legislature.
To that end, I have selected a limited number of areas in
which I intend to press for remedial legislation. It is
important that all citizens be aware of these items so
that they can lend their active support to secure passage
of the necessary laws. There will be many bills introduced
in the Legislature, but the following appear to be of
particular importance.
EVELLE NGER
District Attorney
County of Los Angeles
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SB
AB
GUN CONTROL BILL
An act to amend Bill Title 2 or Part 4 of the Penal Code (The
Dangerous Weapons' Control Law), relating to the control of
firearms.
Effect
This bill will:
(a) generally prohibit the intra-state mail order
sale of all firearms;
(b) in all cases, require that dealers report the
sale or transfer of firearms including trans-
actions among dealers.
(c) extend from 5 to 10 days the waiting period
between the purchase and delivery of the firearm.
(d) require a purchaser to submit his fingerprints
to the selling dealer to determine if the pur-
chaser is legally qualified to own or possess
firearms.
eel xequire the CII to submit the purchasers'
fingexprints to the FBI to ascertain if the
purchaser has an out-of-state criminal record.
(f) require that fingerprints be taken of persons
adjudged mentally ill or mentally disordered
to prevent an inadvertent sale of firearms to them.
(g) will require that copies of committment orders
involving mentally ill or mentally disordered
persons be forwarded to the CII.
(h) provide that those people who cannot now possess
concealable firearms would not be able to possess
any firearms.
(i) redefine the class of persons who may not possess
firearms making the criteria for denial of possession
independent of the nature of the crime.
(j) require that persons addicted or habituated to any
narcotic including marijuana and those convicted
for a violation of the State Narcotic Act shall be
prohibited from owning, possessing or keeping firearms.
(k) xequire that persons who are or have been adjudged
as ~entally ill, incompetent or disordered as well
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as those who are mental patients shall be pro-
hibited from owning, possessing, or keeping firearms.
(I) prohibit the concealing of all firearms whether
upon the person or in a vehicle (expanding Section
12025 P.C.).
(m) prohibit the issuance of concealed weapon permits
and revoke those in existence.
(n) prohibit persons carrying firearms, whether loaded
or not, from entering all public buildings and
residences of public officials (exception for peace
officers and certain other classes) .
(0) provide that a peace officer shall have the right
to inspect for a loaded weapon when carried by a
person in a public place or on a public street;
refusal constitutes a misdemeanor.
(p) establish mandatory minimum consecutive sentences
for crimes in which a firearm is used or possessed
and, in specified cases, deny probation to those
involved.
(ql provide that incident to a lawful detainer by a
peace officer a limited search for weapons may be
made of a person's vehicle.
Background
The adequacy of existing gun control laws has been under study
by this office, the California Peace Officers Association and
the District Attorneys Association of California. An effective
State gun control program demands effective federal legislation
covering the interstate and foreign traffic in firearms and the
mail-order firearms business. This has been accomplished.
The policy of the program proposed above takes into account the
legitimate interests of law abiding citizens but also permits
an effective approach so that firearms will not be owned by
persons not qualified to own them and to minimize the risk of
their improper use. It is a meaningful supplement on the state
level to the newly enacted federal legislation.
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SB
AB
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 adyextisement 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 3ll.5.
The present amendment overcomes what appears to be an obvious
oversight originally on the part of the Legislature.
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SB
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JUVENILE PORNOGRAPHY BILL
Bill
An act to add chapter 7.6 (commencing with section 3131 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:
tal for any person to distribute to or send or cause
to be sent to, or offers to distribute or exhibit
any harmful matter to a child, where that person
so doing ha.s knowledge that such other person is
a child, or who fails to exercise reasonable care
in ascertaining the true age of a child, knowingly
distributes to or sends or causes to be sent to,
or exhibits to, or offers to distribute or exhibit
any harmful matter to a child,
(b) for any person under 18 years of age who presents
or offers to any person any document giving evidence
of age and identity which is false, fraudulent, or
not actually his own for the purpose of ordering,
purchasing, or attempting to procure a.ny harmful
matter;
tc) for any person under 18 years of age who falsely
states, either orally or in writing, that he is
not under the age of 18 years for the purpose of
obtaining any harmful matter.
"Harmful matter" is in effect obscene material, but the predominant
appeal to prurient interest of the matter is judged with reference
to average children of the same general age of the child to whom
such matter was offered, distributed, sent or exhibited, unless
it appears from the nature of the matter or the circumstances of
its dissemination, distribution, or exhibition, that it is designed
for specially susceptible groups, in which case the predominant
appeal of the matter shall be judged with reference to its intended
or probable recepient group. A child is defined a being under 18
years of age.
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,
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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.
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SB AB
GAMBLING ABATEMENT BILL
Bill
An act to amend Penal Code section 11225 relating to
gambling houses.
Effect
This bill would amend Penal Code section 11225 so that a
building or place used for the purpose of unlawful gambling
will be deemed a nuisance which can be enjoined, abated and
prevented.
Background
Section 11225 of the Penal Code provides that every building
or place used for the purpose of lewdness, assignation or
prostitution and every building or palce in or upon which said
acts are held or occur is a nuisance which shall be enjoined,
abated, and prevented, whether the nuisance be public or private.
During the last legislative session Assembly Bill 1801 was
introduced which added to the classification of Nuisance "every
building or place used for the purpose of unlawful gambling."
The effort to expand section 11225 met with State Bar approval
but was not enacted. Concern developed that the expanded version
of section 11225 would include private residences wherein "friendly"
games of chance were played.
It is hoped that the following language added to the bill will
serve to minimize the concern.
["Nothing in section 11225 shall be construed to apply
the definition of a nuisance to a private residence where
illegal gambling is conducted on an intermittent basis
and without the purpose of producing profit for the
owner or occupier of the premises."]
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SB J\B
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.
Background
Historically, each county in the State of Califo~nia has had
just one Grand Jury which serves for just one year.
The Grand Jury has essentially two roles: (1 I that of
investigating and examining the operation of the various
governmental agencies within the county with the view of
improving their efficiency; and (2) hearing evidence of
criminal charges and deliberating upon the finding of indictments.
Experience in the County of Los Angeles with its large popula-
tion 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 important criminal cases and governmental matters
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 Attorney General or District Attorney to request the court
to impanel additional Grand Juries within the County for the
purpose of hearing criminal 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 investi-
gating the operations of County government and to make a more
significant contribution to the needs of all the citizens of
Los Angeles County.
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SB AB
CONFIDENTIAL INFORMANTS BILL
Bill
An act to amend Evidence Code Section 1042, relating to
confidential informants.
Effect
In a criminal proceeding the judge or magistrate would have
discretion to withhold the identity of an informant if he is
shown to be reliable and his testimony is not material to the
guilt or innocence of the accused. These facts would be
shown in open court and out of the hearing of the jury. Evidence
of a communication made by an informant to a peace officer would
relate to the issue of probable cause for a search or an arrest
and not to the actual commission of a crime.
The bill would provide an opportunity for the accused to
establish by a preponderance of the evidence that:
(1) the identiy of the informant is material to
the defense and (2) nondisclosure would deprive
the defendant of a fair trial.
Background
Currently, Section 1042 protects the confidentiality of an
informant who is not a material witness to the guilt or
innocence of the accused in cases involving a search made
pursuant to a warrant (valid on its face) and in a criminal
proceeding for a violation of Division 10 (commencing with
Section 11000) of the Health and Safety Gode, which pertains
to narcotics.
The danger to informants who give information also exists in
cases other than those in which narcotics are involved. Judicial
discretion will minimize or eliminate the frivilous motion to
diselose. Expanding the scope of Evidence Code Section 1042
to non-narcotic cases is necessary if vigorous enforcement of
existing and proposed legislation is to be effective. This is
especially true in the current climate of public interest in
enforcing laws regulating firearms.
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RESOLUTION RE
LEGISLATION AFFECTING CRIMINAL JUSTICE
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 the field
of Criminal Justice, will back some new legal measures to make
it easier to fight crime, and
WHEREAS the
has studied
(Name or Organization)
the District Attorney's proposals for new laws
THEREFORE BE IT RESOLVED that the
(Name of Organization)
strongly supports the enactment of each of the proposals contained
in the attached pamphlet entitled "Legislative Proposals."
(Signature and title of officer)
(Address)
(Phone)
(Date)
Upon approval please send to:
HANK QUEVEDO
Office of the District Attorney
1851 S. Westmoreland Avenue
Los Angeles, California 90006
fch 2-69