11369.
(a) This section shall be known, and may be cited, as Alexandra’s Law.(b) Except as provided in subdivision (c), the court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, Section 11352 for transporting, importing, or selling a controlled substance, offering to transport, import, or sell a controlled substance, or attempting to transport, import, or sell a controlled substance, or Section 11379.6, where the substance contained fentanyl or a fentanyl analog, of the following:
“You are hereby advised that all illicit drugs and counterfeit pills are dangerous to human life and become even deadlier when they are, sometimes unknowingly, mixed with substances such as fentanyl and analogs of fentanyl. People can and have died from these substances, even in very small doses. It is extremely dangerous and deadly to human life to sell or administer drugs, in any form, when not lawfully authorized to do so. If you do so in the future and a person dies as a result of that action, and you knew or should have known that the substance you provided contained fentanyl or a fentanyl analog, you may be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. In addition, this warning may be considered by a judge or jury as to whether you knew or should have known that the substance you provided to the decedent contained fentanyl.”
(c) This section does not apply to convictions for violations identified in subdivision (b) when a defendant has shown that they exchanged the controlled substance containing fentanyl or its analogs for another controlled substance or alcohol.
(d) The advisory shall be included in a plea form, if used, or the fact that the advisory was given shall be specified on the record.
(e) The fact that the advisory was given shall be recorded in the abstract of the conviction.
(f) (1) A person who is granted probation or who is sentenced following a violation described in subdivision (b) shall be ordered to successfully complete a controlled substance education or treatment program, as appropriate, pursuant to Section 11373.
(2) (A) Upon the defendant’s successful completion of the education or treatment program specified in paragraph (1), the defendant shall be eligible for dismissal of the accusations or information pursuant to Section 1203.4 or 1203.41 of the Penal Code.
(B) In any subsequent prosecution of the defendant for any other offense, the prior conviction, including the advisement as outlined in paragraph (b), may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.