Today's Law As Amended


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AB-2513 Controlled substances: narcotics registry.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 11590 of the Health and Safety Code, as amended by Section 2 of Chapter 1417 of the Statutes of 1990, is repealed.

SEC. 2.

 Section 11590 of the Health and Safety Code, as amended by Section 1 of Chapter 714 of the Statutes of 1995, is repealed.

SEC. 3.

 Section 11591 of the Health and Safety Code is amended to read:

11591.
 Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest conviction  for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (12) of subdivision (d) of Section 11054, of any school employee, shall, provided that the sheriff, chief of police, or Commissioner of the California Highway Patrol  he or she  knows that the arrestee  convicted person  is a school employee, do one of the following:
(a) If the school employee is a teacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the teacher and shall immediately give written notice of the arrest conviction  to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed. Upon receipt of the notice, the county superintendent of schools and the Commission on Teacher Credentialing shall immediately notify the governing board of the school district employing the person.
(b) If the school employee is a nonteacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the nonteacher and shall immediately give written notice of the arrest conviction  to the governing board of the school district employing the person.
(c) If the school employee is a teacher in any private school of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the private school authority employing the teacher and shall immediately give written notice of the arrest conviction  to the private school authority employing the teacher.
(d) (1)  If a person described in subdivision (a) was arrested for convicted of  an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for convicted of  an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest conviction  was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for convicted of  a misdemeanor under Section 11360.

SEC. 4.

 Section 11591.5 of the Health and Safety Code is amended to read:

11591.5.
 (a) Every sheriff or chief of police, upon the arrest conviction  for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (9) of subdivision (d) of Section 11054, of any teacher or instructor employed in any community college district shall immediately notify by telephone the superintendent of the community college district employing the teacher or instructor and shall immediately give written notice of the arrest conviction  to the Office of the Chancellor of the California Community Colleges. Upon receipt of that notice, the district superintendent shall immediately notify the governing board of the community college district employing the person.
(b) (1)  If a person described in subdivision (a) was arrested for convicted of  an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for convicted of  an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest conviction  was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for convicted of  a misdemeanor under Section 11360.

SEC. 5.

 Section 11592 of the Health and Safety Code is repealed.

SEC. 6.

 Section 11593 of the Health and Safety Code is repealed.

SEC. 7.

 Section 11594 of the Health and Safety Code is repealed.

11594.
 All registration requirements set forth in this article, as it read on January 1, 2019, are terminated. The statements, photographs, and fingerprints obtained pursuant to this section, as it read on January 1, 2019, are not open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer.

SEC. 8.

 Section 11594 is added to the Health and Safety Code, to read:

11594.
 All registration requirements set forth in this article, as it read on January 1, 2018, are terminated immediately. The statements, photographs, and fingerprints obtained pursuant to this section, as it read on January 1, 2018, are not open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer. The statements, photographs, and fingerprints obtained pursuant to this section as it read on January 1, 2018, shall be destroyed not later than January 1, 2021.

SEC. 9.

 Section 11595 of the Health and Safety Code is repealed.

SEC. 10.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.