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AB-1848 Controlled substances: fentanyl.(2023-2024)

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Date Published: 03/22/2024 04:00 AM
AB1848:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1848

Introduced by Assembly Member Davies

January 17, 2024

An act to amend Section 11353.1 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 1848, as amended, Davies. Controlled substances: fentanyl.
Existing law makes it a crime to solicit or encourage a minor to commit specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare facilities, subject to punishment with an additional enhancement in the state prison of one year.
This bill would make that enhancement also apply to a violation of those provisions with respect to fentanyl and would expand the parameters to within 1,000 feet of those specified locations. fentanyl if the person had knowledge that the specific controlled substance they possessed was fentanyl.
By expanding the scope of crimes and creating new crimes, 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 11353.1 of the Health and Safety Code is amended to read:

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)  (A) If the offense involved heroin, cocaine, cocaine base, fentanyl, or any analog of these substances and occurred upon, or within 1,000 feet of, 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), be punished by imprisonment in the state prison for one year.
(B) If the offense involved fentanyl or a fentanyl analog, this paragraph only applies if the person had knowledge that the specific controlled substance they possessed was fentanyl.
(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), be punished by imprisonment in the state prison for two years.
(3)  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 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)  “Playground” means any park or recreational area specifically designed to be used by children that 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)  “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)  “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)  “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)  “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 that 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.

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.