CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 350

Introduced by Senators Melendez and Wilk
(Coauthor: Senator Bates)
(Coauthor: Assembly Member Lackey)

February 09, 2021

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


LEGISLATIVE COUNSEL'S DIGEST


SB 350, as introduced, Melendez. Controlled substances.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics.
This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing and distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 of the following:
“You are hereby advised that the illicit manufacture and 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 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.