Bill Text: CA AB2126 | 2021-2022 | Regular Session | Amended
Bill Title: Controlled substances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2126 Detail]
Download: California-2021-AB2126-Amended.html
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Amended
IN
Assembly
March 30, 2022 |
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Amended
IN
Assembly
March 22, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2126
| Introduced by Assembly Member Flora |
February 15, 2022 |
An act to add Section 13925 to the Government Code, and to add amend Section 11352.4 to 11372 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2126, as amended, Flora.
Controlled substances.
Existing law establishes the California Victim Compensation Board within the Government Operations Agency. Existing law provides for the indemnification of victims of specified types of crimes, subject to specified criteria. Existing law makes it a crime to possess for sale, sell, or transport specified controlled substances.
This bill would impose a fine not exceeding $2,000 on any violation of those crimes, and would exempt that fine from specified additional levies and charges. The
This bill
would create the Fentanyl Victim Compensation Fund, and would require those fines to be deposited in the fund. The bill
Fund and would authorize the California Victim Compensation Board to accept applications for reimbursement up to $7,500 for funeral and burial expenses arising from, and up to $5,500 for mental health counseling related to, a fatal fentanyl overdose, if those applications are submitted by a surviving parent, grandparent, sibling, child, grandchild, spouse, or fiance of the deceased. The bill would authorize the board to reimburse the person for those expenses and costs, and require that reimbursement to only be granted upon appropriation of funds from the Fentanyl Victim Compensation Fund by the Legislature for this purpose.
Existing law classifies controlled substances into 5 schedules and classifies the drug fentanyl in Schedule II. Existing law authorizes a trial court to impose a fine up to $20,000 upon a person who is convicted of a violation of
specified provisions of law with respect to the possession, possession for sale, or transportation of, among other controlled substances, Schedule II controlled substances.
The bill would require, for a conviction involving a substance containing fentanyl, 1/10 of the fine collected to be deposited into the Fentanyl Victim Compensation Fund.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13925 is added to the Government Code, to read:13925.
(a) (1) The board may accept applications for reimbursement up to seven thousand five hundred dollars ($7,500) for funeral and burial expenses arising from, and up to five thousand five hundred dollars ($5,500) for mental health counseling related to, a fatal fentanyl overdose.(2) Applications pursuant to paragraph (1) may be submitted by a surviving parent, grandparent, sibling, child, grandchild, spouse, or fiance of the deceased.
(b) The board may require submission of information supporting the application that is reasonably necessary to verify the application and determine eligibility for compensation.
(c) If the board determines a person meets the criteria in
subdivision (a), the board may reimburse that person for the expenses and costs described in subdivision (a).
(d) (1) There is hereby created the Fentanyl Victim Compensation Fund in the State Treasury.
(2) Compensation pursuant to this section shall be granted only upon appropriation of funds by the Legislature for this purpose from the Fentanyl Victim Compensation Fund.
(a)Every person who is convicted of a violation of Sections 11351 and 11352 shall, in addition to any imprisonment or fine imposed for the commission of the underlying offense, be punished by a fine not exceeding two thousand dollars ($2,000).
(b)The fines in subdivision (a) shall not be subject to the provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the Government Code, or Sections 1464 and 1465.7 of the Penal Code.
(c)All fines collected pursuant to subdivision (a) shall be deposited in the Fentanyl Victim Compensation Fund.
SEC. 2.
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. In no event shall a fine be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses.(b) Any person receiving an additional term pursuant to 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 person receiving an additional
term pursuant to paragraph (2) 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 person receiving an additional term pursuant to paragraph (3) 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), 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.
(f) If the conviction was for an offense involving a substance containing fentanyl, one-tenth of the moneys collected pursuant to subdivision (a) shall be deposited in the Fentanyl Victim Compensation Fund created pursuant to subdivision (d) of Section 13925 of the Government Code.
