HB 2165

Present law prohibits a public official from adopting or enacting a sanctuary policy and classifies such offense as a Class E felony , punishable by a fine of no more than $ 3 , 0 00; a term of imprisonment of no less than one year and no more than six years ; or both . This bill removes the Class E felony offense classification, which leaves the offense unclassified. Present law provides that w hen the performance of an act is made criminal by statute, and no penalty for the violation of that statute is imposed, then the doing of the act is a misdemeanor. Present law further provides that a n offense designated as a misdemeanor without specification as to category is a Class A misdemeanor , which is punishable by a term of imprisonment of no greater than 11 months, 29 days ; a fine not to exceed $2,500 ; or both . Thereby, the removal of the offense classification for the offense described above results in the offense being classified as a Class A misdemeanor. PROSECUTION FOR OFFENSE Present law authorizes a person residing in a municipality or county who believes an official has committed such offense to file a complaint in chancery court in that person's county of residence. If the court finds the official is in violation, then the court must issue a writ of mandamus against the official ordering the official to comply, enjoin ing the official from further interference, and tak ing other action to ensure compliance. Upon the failure of an official to comply with the court order, and the official's subsequent conviction of such offense , the attorney general must initiate an action to remove the official from office, as soon as practicable. This bill removes the requirement that the attorney general must wait to initiate such an action until after the official receives a subsequent conviction of such offense.