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AB-1085 Controlled substances: family mobilehome parks.(1999-2000)

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AB1085:v96#DOCUMENT

Amended  IN  Assembly  April 05, 1999
Amended  IN  Assembly  May 13, 1999
Amended  IN  Senate  July 02, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 1085

Introduced  by  Assembly Member Robert Pacheco
 (Coauthor(s): Assembly Member Battin, House, Leach, Oller)
 (Coauthor(s): Senator Knight)

February 25, 1999

An act to amend Sections 11353.1 and 11380.1 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 1085, as amended, Robert Pacheco. Controlled substances: family mobilehome parks.
Existing law makes it a felony, punishable by imprisonment in the state prison for 3, 6, or 9 years, for a person 18 years of age or older to engage in specified unlawful acts involving a minor with respect to specified controlled substances and provides for additional terms of imprisonment in the state prison if the offense involved certain controlled substances and occurred during specified hours in specified locations, such as a church, synagogue, playground, youth center, child day care facility, public swimming pool, or public or private elementary, vocational, junior high, or high school.
This bill would enact the Drug-Free Family Mobilehome Park Act of 1999, which would provide that the additional terms of imprisonment in the state prison pursuant to the latter provision above shall also be imposed if the offense occurred in a family mobilehome park, as defined. By creating new enhancements, this bill would impose a state-mandated local program. The bill would set forth legislative findings and declarations supporting its enactment. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) This act shall be known as, and may be cited as, the Drug-Free Family Mobilehome Park Act of 1999.
(b)  With regard to family mobilehome parks, as defined pursuant to paragraph (7) of subdivision (e) of Section 11353.1 of the Health and Safety Code, the Legislature hereby makes the following findings and declarations in support of the enactment of this act:
(1) Family mobilehome parks are locations in which schoolchildren live, play, and gather.
(2) Family mobilehome parks are locations in which affordable and high-density housing may result in nonresidents, including drug dealers, having access to the park and its residents.
(3) Family mobilehome parks contain parks, playgrounds, and other facilities frequented by resident schoolchildren and their friends.
(4) Family mobilehome parks are locations where drug dealers may attempt to prey upon the parks’ resident schoolchildren and their friends.
(5) Family mobilehome parks have experienced an increase in drug offenses involving minors occurring in the areas of the park in which schoolchildren live, play, or gather.
(6) In order to deter drug trafficking with, or around, schoolchildren in family mobilehome parks and to protect schoolchildren in family mobilehome parks from exposure to drug transactions and the hazards they present, it is necessary that this bill be enacted.

SEC. 2.

 Section 11353.1 of the Health and Safety Code is amended to read:

11353.1.
 (a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11353, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows:
(1) If the offense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, a family mobilehome park, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility or are present in the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year.
(2) If the offense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years.
(3) If the offense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court.
(b) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law.
(d) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
(e) As used in this section the following definitions shall apply:
(1) “Playground” means any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.
(2) “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
(3) “Video arcade” means any premises where 10 or more video game machines or devices are operated, and where minors are legally permitted to conduct business.
(4) “Video game machine” means any mechanical amusement device, which is characterized by the use of a cathode ray tube display and which, upon the insertion of a coin, slug, or token in any slot or receptacle attached to, or connected to, the machine, may be operated for use as a game, contest, or amusement.
(5) “Within 1,000 feet of the grounds of any public or private elementary, vocational, junior high, or high school” means any public area or business establishment where minors are legally permitted to conduct business which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school.
(6) “Child day care facility” has the meaning specified in Section 1596.750.
(7) “Family mobilehome park” means any mobilehome park which, according to its rules and regulations, may be occupied by persons of all ages, including families with minor children. “Family mobilehome park” includes is limited to any playground, youth center, child day care facility, video arcade, or swimming pool facility within a family mobilehome park that minor children residing in the family mobilehome park are authorized to use. The definition of this paragraph also shall apply to Section 11380.1.
(f) This section does not require either that notice be posted regarding the proscribed conduct or that the applicable 1,000-foot boundary limit be marked.

SEC. 3.

 Section 11380.1 of the Health and Safety Code is amended to read:

11380.1.
 (a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11380, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows:
(1) If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, a family mobilehome park, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year. For purposes of this paragraph, “family mobilehome park” has the meaning specified in Section 11353.1.
(2) If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high school, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years.
(3) If the offense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court.
(b) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law.
(d) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
(e) The definitions contained in subdivision (e) of Section 11353.1 shall apply to this section.
(f) This section does not require either that notice be posted regarding the proscribed conduct or that the applicable 1,000-foot boundary limit be marked.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.