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, 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), (4), 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), (4), be punished by imprisonment in the state prison for two years.
(3) If the offense involved heroin, cocaine, cocaine base, methamphetamine, phencyclidine (PCP), or any analog of these substances, and occurred upon the grounds of any designated drug-free zone neighborhood, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (4), be punished by imprisonment in the state prison for two years.
(3) (4) 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) “Child day care facility” has the meaning specified in Section 1596.750.
(2) “Designated drug-free zone neighborhood” means a neighborhood within a community which has been designated as a drug-free zone by the local city council, in conjunction with local law enforcement agencies and the county district attorney, based upon drug-related crime statistics evidencing high levels of drug-related crime within that neighborhood. For purposes of this section, a neighborhood shall be deemed to have been designated as a drug-free zone by the local city council after public community hearings at regularly scheduled city council meetings or otherwise have been held and support for the establishment of a drug-free zone by a majority of the residents of the neighborhood has been evidenced to the satisfaction of the city council.
(1) (3) “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) (4) “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) (5) “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) (6) “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) (7) “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.
(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.
(g) In establishing a drug-free zone in a neighborhood pursuant to paragraph (3) of subdivision (a), it is the intent of the Legislature that the city council should work in partnership with the residents of the neighborhood to establish the boundaries of the drug-free zone, and that the drug-free zone should only exist for as long a period of time as is designated by the city council with the consent of the residents of the neighborhood.