Bill Text: CA AB1955 | 2021-2022 | Regular Session | Amended
Bill Title: Controlled substances: fentanyl.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-10-24 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1955 Detail]
Download: California-2021-AB1955-Amended.html
|
Amended
IN
Assembly
March 10, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1955
| Introduced by Assembly Member Nguyen |
February 10, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
AB 1955, as amended, Nguyen.
Crimes: controlled substances. Controlled substances: fentanyl.
Existing law 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 classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight.
This bill would impose that additional term upon, and authorize a fine against, a defendant who violates those laws with respect to a substance containing fentanyl. By increasing the penalty for a crime, the 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.
Existing law prohibits the possession of specified controlled substances, except as exempted.
This bill would state the intent of the Legislature to enact legislation relating to controlled substances.
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 all of the following:(a) The increasing prevalence of fentanyl poses a significant public health and safety risk to communities in California.
(b) Nationwide drug-related deaths exceeded 100,000 between April 2020 and April 2021. Fentanyl is a significant contributing factor to this alarming statistic.
(c) Between the years 2016 and 2020, statewide fentanyl-related deaths increased
over 1600 percent from 239 to 3,857.
(d) Many of these deaths are the result of drug dealers selling counterfeit pills containing illicit fentanyl. The person consuming is unaware of the presence of fentanyl.
(e) California had more fentanyl seized than any other state in 2019. Mexican Transnational Criminal Organizations (TCOs) remain the greatest criminal drug threat in the United States, with the City of Los Angeles being one of their major transshipment points.
(f) In 219, 20 percent of illicit fentanyl tablets contained a potentially lethal dose of fentanyl, an increase from 14 percent and 10 percent in the prior two years.
(g) The United States Drug Enforcement Administration has launched a public campaign, “One Pill Can Kill,” to raise awareness
that pills purchased outside of a licensed pharmacy are illegal, dangerous, and potentially deadly.
SEC. 2.
Section 11370.4 of the Health and Safety Code is amended to read:11370.4.
(a)(1)Where
(A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Where
(B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)Where
(C) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)Where
(D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)Where
(E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(6)Where
(F) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
The
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(b) Any (1) A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:
(1)Where
(A) If the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(2)Where
(B) If the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
(C) If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)Where
(D) If the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
In
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
The
(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d) The additional terms provided in this section shall be in addition to any other punishment provided by law.
(e) 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.
SEC. 3.
Section 11372 of the Health and Safety Code is amended to read:11372.
(a) In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial court may impose a fine not exceeding twenty thousand dollars ($20,000) for each offense.(b) Any A person receiving an additional term pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense.
(c) Any A
person receiving an additional term pursuant to subparagraph (B) of paragraph (2) (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense.
(d) Any A person receiving an additional term pursuant to subparagraph (C) of paragraph (3) (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed eight million dollars ($8,000,000) for each offense.
(e) The court shall make a finding, prior to the imposition of the fines authorized by subdivisions (b) to (e), (d), inclusive, that there is a reasonable expectation that the fine, or a substantial portion thereof, could be collected within a reasonable period of time, taking into consideration the defendant’s income, earning capacity, and financial resources.
SEC. 4.
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.It is the intent of the Legislature to enact legislation relating to controlled substances.
