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AB-3071 Controlled substances: fentanyl sales.(2023-2024)

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Date Published: 03/21/2024 09:00 PM
AB3071:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3071

Introduced by Assembly Member Joe Patterson

February 16, 2024

An act relating to crimes. to amend Sections 11351 and 11352 of the Health and Safety Code, and to add Section 1203.77 to the Penal Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 3071, as amended, Joe Patterson. Crimes: controlled substances. Controlled substances: fentanyl sales.
Existing law classifies controlled substances into 5 schedule and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation.
This bill would increase penalties for an individual who is convicted of one of the above-described offenses that occurred within 10 years of a conviction of possession for sale or transportation for sale related to fentanyl or its analogs, as defined. The bill would also require an individual who is convicted of possession for sale or transportation for sale related to fentanyl and who is granted probation to serve a minimum of 90 days in county jail. The bill would impose a minimum county jail term of 180 days for an individual who is convicted of possession for sale or transportation for sale that occurred within 10 years of a specified conviction related to fentanyl, and impose a minimum county jail term of one year for an individual that has two specified convictions related to fentanyl. The bill would additionally require, as a condition of probation, that an individual pay a specified fine, complete a fentanyl awareness program, and submit to search and seizure by an officer, as specified. By increasing the term of confinement in county jail, this bill would create a state-mandated local program.
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.

Existing law prohibits the possession of specified controlled substances, except as exempted.

This bill would state the intent of the Legislature to enact legislation relating to controlled substances.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 11351 of the Health and Safety Code is amended to read:

11351.
 (a) Except as described in subdivisions (b) and (c) and as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(b) A subsequent violation that occurs within 10 years of a conviction of either this section or Section 11352 that related to fentanyl or its analogs, as described in Section 11401, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 3, 4, or 5 years.
(c) A subsequent violation that occurs within 10 years of two or more separate convictions of either this section or Section 11352 that related to fentanyl or its analogs, as described in Section 11401, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 4, 6, or 9 years.

SEC. 2.

 Section 11352 of the Health and Safety Code is amended to read:

11352.
 (a) Except as described in subdivisions (e) and (f) and as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.
(e) A subsequent violation that occurs within 10 years of a conviction of either this section or Section 11351 that related to fentanyl or its analogs, as described in Section 11401, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 4, 5, or 6 years.
(f) A subsequent violation that occurs within 10 years of two or more separate convictions of either this section or Section 11351 that related to fentanyl or its analogs, as described in Section 11401, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 4, 6, or 9 years.

SEC. 3.

 Section 1203.77 is added to the Penal Code, to read:

1203.77.
 (a) (1) If the court grants probation to a person convicted of a violation of Section 11351 or 11352 of the Health and Safety Code related to fentanyl and its analogs, as described in Section 11401 of the Health and Safety Code in addition to any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). Except as otherwise provided, the court shall require, as a condition of probation, that the person be confined in a county jail for at least 90 days, but not more than six months.
(2) The court shall also require as a condition of probation that the person enroll, participate in, and successfully complete a fentanyl awareness program, as designated by the court. The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program.
(3) The court shall also impose as a condition of probation that the person submit their person, place, property, automobile, electronic storage devices, and any other objects under their control, including, but not limited to, cell phones and computers, to search and seizure by an law enforcement officer or probation officer, any time of the day or night, with or without a warrant, and with or without the person’s presence or further consent.
(b) If the court grants probation to a person convicted of a violation of Section 11351 or 11352 of the Health and Safety Code that occurred within 10 years of a conviction of either of those sections related to fentanyl or its analogs, as described in Section 11401 of the Health and Safety Code, in addition to the terms described in subdivision (a) and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). Except as otherwise provided, the court shall require, as a condition of probation, that the person be confined in a county jail for at least 180 days, but not more than one year.
(c) If the court grants probation to a person convicted of a violation of Section 11351 or 11352 of the Health and Safety Code that occurred within 10 years of two or more convictions of either Section 11351 or 11352 related to fentanyl or its analogs, as described in Section 11401, in addition to the terms described in paragraphs (2) and (3) of subdivision (a) and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). Except as otherwise provided, the court shall require, as a condition of probation, that the person be confined in a county jail for one year.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to controlled substances.