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SB-1350 Controlled substances: homicide resulting from the illegal furnishing of a controlled substance.(2021-2022)



Current Version: 03/15/22 - Amended Senate

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SB1350:v98#DOCUMENT

Amended  IN  Senate  March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1350

Introduced by Senator Melendez
(Coauthors: Senators Bates, Grove, Jones, Nielsen, Ochoa Bogh, and Wilk)
(Coauthors: Assembly Members Chen, Choi, Lackey, Mathis, Patterson, and Seyarto)

February 18, 2022

An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 1350, as amended, Melendez. Controlled substances: homicide resulting from the illegal furnishing of a controlled substance.
Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl.
Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice. Under existing law, manslaughter is punishable as a felony. malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies.

This bill would provide that if a person who sells, furnishes, administers, or gives a controlled substance to another person where the injection, ingestion, inhalation, or absorption of that controlled substance by the person receiving that controlled substance proximately causes that person’s death, the person who provided the controlled substance is guilty of involuntary manslaughter, as specified.

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.

This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 11369 is added to the Health and Safety Code, to read:

11369.
 (a) This section shall be known, and may be cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11352, or 11379.6 as follows:
“You are hereby advised that the illicit manufacture or distribution of controlled substances, either real or counterfeit, inflicts a grave health risk to those who ingest or are exposed to them. It is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances. If you do so, and a person dies as a result of that action, you can be charged with voluntary manslaughter or murder.”
(c) The advisory statement shall be provided to the defendant in writing, either on the plea form or after sentencing, and the fact that the advisory was given shall be on the record and recorded in the abstract of the conviction.

SECTION 1.Section 11369 is added to the Health and Safety Code, to read:
11369.

(a)If a person sells, furnishes, administers, or gives a controlled substance to another person in violation of Section 11352, and the injection, ingestion, inhalation, or absorption of that controlled substance by the person who purchases or receives the controlled substance proximately causes their death, the person who sold, furnished, administered, or gave that controlled substance has committed involuntary manslaughter as defined in subdivision (b) of Section 192 of the Penal Code, and, upon conviction, shall be punished pursuant to subdivision (b) of Section 193.5 of the Penal Code.

(b)This section does not limit prosecution for an act described in this section under any other provision of law.

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.