Bill Text


Bill PDF |Add To My Favorites |Track Bill | print page

AB-2045 Controlled substances: fentanyl trafficking penalties.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/11/2024 09:00 PM
AB2045:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2045

Introduced by Assembly Member Hoover
(Coauthors: Assembly Members Alanis, Chen, Dixon, Gallagher, Lackey, Mathis, Jim Patterson, and Joe Patterson)
(Coauthors: Senators Grove, Niello, Ochoa Bogh, Seyarto, and Wilk)

February 01, 2024

An act to amend Sections 11353, 11353.1, and 11353.6 Section 11353.1 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 2045, as amended, Hoover. Controlled substances: fentanyl trafficking penalties.
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 and imposes a punishment of imprisonment for a period of 3, 6, or 9 years. 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, or within certain locations, such as a church, synagogue, or a public swimming pool, among others, or on the grounds of, or within 1,000 feet of, public or private schools, as specified, subject to punishment with an additional enhancement in the state prison of one or 2 years.
This bill would increase the penalty for that crime as it relates to fentanyl to 5, 8, or 11 years and would make the above-described enhancement applicable to offenses involving fentanyl. fentanyl if the person had knowledge that the specific controlled substance involved was fentanyl.

Existing law, the Juvenile Drug Trafficking and Schoolyard Act of 1988, subjects a person 18 years of age or over who is convicted of possession for sale, sale or transportation, or manufacturing offenses involving specified controlled substances, including cocaine base, heroin, or methamphetamine, to an additional term of imprisonment for 3, 4, or 5 years if the offense takes place upon the grounds of, or within 1,000 feet of, a 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.

This bill would make the above-described enhancement applicable to those offenses as they relate to fentanyl.

By increasing the penalties for a crime, 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.
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 of the Health and Safety Code is amended to read:
11353.

(a)Except as provided in subdivision (c), a person 18 years of age or over who does any of the following acts shall be punished by imprisonment in the state prison for a period of three, six, or nine years:

(1)Voluntarily solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550 with respect to a controlled substance listed in subdivision (b).

(2)Hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle a controlled substance listed in subdivision (b).

(3)Sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, a controlled substance listed in subdivision (b) to a minor.

(b)The punishment stated in subdivision (a) shall apply with respect to the substances specified in the following provisions:

(1)Subdivisions (b), (c), (e), paragraphs (14), (15), and (20) of subdivision (d), and paragraph (1) of subdivision (f), of Section 11054.

(2)Subdivisions (b) and (c) of Section 11055.

(3)Subdivision (h) of Section 11056.

(4)Any controlled substance classified in Schedule III, IV, or V that is a narcotic drug.

(c)A person 18 years of age or over who does any of the acts listed in subdivision (a) with respect to fentanyl, as specified in paragraph (8) of subdivision (c) of Section 11055, shall be punished by imprisonment in the state prison for a period of five, eight, or eleven years.

SEC. 2.SECTION 1.

 Section 11353.1 of the Health and Safety Code is amended to read:

11353.1.
 (a)  Notwithstanding any other provision of law, a 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 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 involved was fentanyl or a fentanyl analog.
(2)  (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, 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.
(B) If the offense involved fentanyl or a fentanyl analog, this paragraph only applies if the person had knowledge that the specific controlled substance involved was fentanyl or a fentanyl analog.
(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 provision of 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 which 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 which 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. 3.Section 11353.6 of the Health and Safety Code is amended to read:
11353.6.

(a)This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard Act of 1988.

(b)A person 18 years of age or over who is convicted of any of the following violations, or of a conspiracy to commit one of those offenses, where the violation takes place upon the grounds of, or within 1,000 feet of, a 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, shall receive an additional punishment of three, four, or five years at the court’s discretion:

(1)Section 11351.5, 11352, or 11379.6, as those sections apply to paragraph (1) of subdivision (f) of Section 11054.

(2)Section 11351, 11352, or 11379.6, as those sections apply to paragraphs (8) and (11) of subdivision (c) of Section 11054.

(3)Section 11378, 11379, or 11379.6, as those sections apply to paragraph (2) of subdivision (d) of Section 11055.

(c)A person 18 years of age or older who is convicted of a violation pursuant to subdivision (b) that involves a minor who is at least four years younger than that person, as a full and separately served enhancement to that provided in subdivision (b), shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years at the court’s discretion.

(d)The additional terms provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted or found to be true by the trier of fact.

(e)The additional terms 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.

(f)Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided 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.

(g)“Within 1,000 feet of a 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 which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school.

SEC. 4.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.