Bill Text: CA AB1800 | 2023-2024 | Regular Session | Amended
Bill Title: Negligence: controlled substances: social media companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-04 - Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96. [AB1800 Detail]
Download: California-2023-AB1800-Amended.html
Amended
IN
Assembly
April 01, 2024 |
Introduced by Assembly Member Jones-Sawyer |
January 08, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Uniform Controlled Substances Act, classifies controlled substances into 5 schedules, and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law prohibits various actions related to those substances, including their sale, possession, transportation, manufacture, or cultivation.
This bill would impose criminal liability and civil penalties on a social media company that operates a social media platform on which users offer controlled substances for sale. The bill would impose increased liability if, as a result of a sale of a controlled substance that occurred because of an offer made on a social media platform, an individual suffered an overdose or died. The bill would additionally impose daily civil penalties for each day that users offer controlled substances for
sale on a social media platform. By expanding the scope of criminal liability, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares both of the following:SEC. 2.
Section 1714.12 is added to the Civil Code, immediately following Section 1714.11, to read:1714.12.
(a) Any person who suffers injury that is proximately caused by the illegal purchase of a controlled substance through a social media platform where it is shown that the injury was occasioned, in whole or in part, by the want of ordinary care or skill in the management of the platform pursuant to subdivision (a) of Section 1714 shall be entitled to recover any of the following from the platform:(a)A social media company that operates a social media platform on which users offer controlled substances for sale is guilty of a misdemeanor.
(b)A social media company that violates subdivision (a) and as a result of a sale of a controlled substance that occurred because of that violation an individual overdoses and requires medical care shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two years, or three years, or by imprisonment in a county jail for not more than one year.
(c)A social media company that violates subdivision (a) and as
a result of a sale of a controlled substance that occurred because of that violation an individual dies shall be punished by imprisonment in state prison for a term of two years, three years, or six years.
(d)In addition to the penalties in this section, a social media company shall be liable for civil penalties for each day that users offer controlled substances for sale on a social media platform it operates.
(e)This section does not apply to actions authorized pursuant to Division 10 of the Business and Professions Code.
(f)As used in this section, “social media company” and “social media platform” mean the same as in Section 22675 of the Business and Professions Code.
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.