Section 72193 Of Article 5. Other Officers From California Government Code >> Title 8. >> Chapter 8. >> Article 5.
72193
. Whenever the charter of any city creates the office of city
prosecutor, or provides that a deputy city attorney shall act as city
prosecutor, and charges such prosecutor with the duty, when
authorized by law, of prosecuting misdemeanor offenses arising out of
violations of state laws, the city prosecutor may exercise the
following powers:
(a) The city prosecutor shall prosecute all such misdemeanors
committed within the city, and handle all appeals arising from it.
The city prosecutor shall draw complaints for such misdemeanors, and
shall prosecute all recognizances or bail bond forfeitures arising
from or resulting from the commission of such offenses.
(b) Whenever any person applying for a writ of habeas corpus is
held in custody by any peace officer of such city, charged with
having committed within the city any misdemeanor, a copy of the
application for such writ shall be served upon such city prosecutor
at the time and in the manner provided by law for the service of
writs of habeas corpus upon district attorneys. On behalf of the
people, the prosecutor shall conduct all proceedings relating to such
application. If the constitutionality of any law is questioned in
any such habeas corpus proceeding, the city prosecutor shall
immediately notify the city attorney who may take charge of the
proceedings on behalf of the people, or become associated with the
city prosecutor in the proceedings.