AB675:v97#DOCUMENTBill Start
Amended
IN
Assembly
May 03, 2023
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Amended
IN
Assembly
March 23, 2023
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|
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 675
Introduced by Assembly Member Soria
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February 13, 2023 |
An act to amend Section 11370.1 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 675, as amended, Soria.
Controlled substances.
Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.
This bill would additionally prohibit the possession of a heroin analog, fentanyl, and a fentanyl analog while armed with a loaded and operable firearm. The bill would require that, for purposes of this crime, a person possessing a substance containing fentanyl or a fentanyl
analog must have knowledge that the substance is fentanyl or a fentanyl analog. By expanding the application of an existing 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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11370.1 of the Health and Safety Code is amended to read:11370.1.
(a) (1) Notwithstanding Section 11350 or 11377 or any other provision of law, law and except as provided in paragraph (2), every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing a heroin analog, a substance containing
fentanyl, a substance containing a fentanyl analog, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison
for two, three, or four years.(2) Where the substance possessed is one containing fentanyl or containing a fentanyl analog, the person must have knowledge that the specific controlled substance possessed is fentanyl or a fentanyl analog.
As
(3) As used in this subdivision, “armed with” means
having available for immediate offensive or defensive use.
(b) Any A person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.
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.