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AB-3094 Crimes: assault.(2023-2024)

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Date Published: 04/25/2024 09:00 PM
AB3094:v97#DOCUMENT

Amended  IN  Assembly  April 25, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3094


Introduced by Assembly Member Low

February 16, 2024


An act to amend Section 222 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 3094, as amended, Low. Crimes: assault.
Existing law prohibits a person from administering a controlled substance or anaesthetic anesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony.
This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, as a misdemeanor, to knowingly administer chloroform, ether, laudanum, or any controlled substance, without that person’s knowledge or consent. By creating a new crime, this bill would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 222 of the Penal Code is amended to read:

222.
 (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, anesthetic, or intoxicating agent, with intent thereby to enable or assist themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.
(b) Every person guilty of knowingly administering to another any chloroform, ether, laudanum, or any controlled substance, without that person’s knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. misdemeanor.

SEC. 2.

 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.