Bill Text: CA SB250 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Controlled substances: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-07-21 - Chaptered by Secretary of State. Chapter 106, Statutes of 2023. [SB250 Detail]

Download: California-2023-SB250-Amended.html

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Amended  IN  Assembly  June 05, 2023

Amended  IN  Senate  March 09, 2023

Amended  IN  Senate  February 28, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 250

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Introduced by Senator Umberg

January 26, 2023

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An act to amend Section 11376.5 of, and to add Section 11376.6 to, the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 250, as amended, Umberg. Controlled substances: punishment.

Existing law makes it a crime to possess specified controlled substances, a controlled substance analog, or drug paraphernalia. Existing law provides that it is not a crime for a person who experiences a drug-related overdose and who, in good faith, seeks medical assistance, or any other person who, in good faith, seeks medical assistance for the person experiencing a drug-related overdose, to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, under certain circumstances related to a drug-related overdose that prompted seeking medical assistance if that person does not obstruct medical or law enforcement personnel.

This bill would prohibit a statement, as defined, from a person who is subject to immunity from prosecution under the above provisions, which was made in connection with the acts giving rise to that immunity, from being used as evidence in a criminal proceeding against the person for the crime of being under the influence of, or possessing for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if specified circumstances have been satisfied, including that the statement was made by the person in the course of seeking medical assistance for another person experiencing a drug-related overdose.

This bill would define “seeking medical assistance” for the purposes of the above-described exemption. The bill would also provide that it is not a crime for a person to possess for personal use a controlled substance, controlled substance analog, or drug paraphernalia, if the person tests the controlled substance or controlled substance analog and determines that the substance is adulterated with another substance, including, but not limited to, fentanyl, and notifies law enforcement, as specified. The bill would state the intent of the Legislature. delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known. The bill would make the person’s identity confidential.

Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

Because this bill would exclude relevant evidence, the statement, from a criminal proceeding, it would require a 23 vote of the Legislature.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make a legislative finding to that effect.

Digest Key

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

It is the intent of the Legislature to not drastically increase the incarceration of users and create an environment that allows for a user to self-report to medical and law authorities to better reduce harm. The aim is to redirect focus onto the seller, not the user.

SEC. 2.SECTION 1.

 Section 11376.5 of the Health and Safety Code is amended to read:

11376.5.

 (a) (1) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(2) Notwithstanding any other law, it shall not be a crime for a person who experiences a drug-related overdose and who is in need of medical assistance to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if the person or one or more other persons at the scene of the overdose, in good faith, seek medical assistance for the person experiencing the overdose. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(b)(1)A statement provided by a person who is immune from prosecution pursuant to subdivision (a), which is made in connection with the acts giving rise to that immunity, shall not be used as evidence in a criminal proceeding against the person for the crime of being under the influence of, or possessing for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if all of the following are satisfied:

(A)This section is used as an affirmative defense against the charge.

(B)The statement was made by the person in the course of seeking medical assistance for another person experiencing a drug-related overdose.

(C)The drug-related overdose of the other person is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia by the person seeking medical assistance.

(2)This subdivision does not apply to a criminal charge of the person where this section is not a viable affirmative defense.

(3)No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(c)

(b) This section shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a person’s will.

(d)

(c) Nothing in this section shall affect liability for any offense that involves activities made dangerous by the consumption of a controlled substance or controlled substance analog, including, but not limited to, violations of Section 23103 of the Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or violations of Section 23152 or 23153 of the Vehicle Code.

(e)(1)

(d) For the purposes of this section, “drug-related the following definitions shall apply:

(1) “Drug-related overdose” means an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual’s condition shall be deemed to be a “drug-related overdose” if a reasonable person of ordinary knowledge would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury.

(2)For purposes of this section, “statement” is communication that is verbal, written,

(2) “Seeks medical assistance” or “seek medical assistance” includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches. watches, for the purpose of obtaining medical assistance.

SEC. 3.SEC. 2.

 Section 11376.6 is added to the Health and Safety Code, to read:

11376.6.

 (a) (1) Notwithstanding any other law, it shall not be a crime for a person to possess for personal use a controlled substance, controlled substance analog, or drug paraphernalia if both of the following conditions are satisfied: the person delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known.

(1)The person tests the controlled substance or controlled substance analog and determines that the substance is adulterated with another substance, including, but not limited to, fentanyl.

(2)After receiving the testing result, the person notifies law enforcement of the positive test, the individual from whom the person obtained the controlled substance or controlled substance analog, and the likelihood that other batches of the controlled substance may have been adulterated with other substances.

(2) (A) The identity of the person described in paragraph (1) shall remain confidential.

(B) The person described in paragraph (1) may reveal the identity of the individual from whom the person obtained the controlled substance or controlled substance analog.

(b) No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act, which adds Section 11376.6 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following finding to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to encourage persons to relinquish controlled substances or controlled substance analogs they suspect may have been adulterated to local public health departments or law enforcement, it is necessary for the identity of these persons to remain confidential.