Bill Text: CA SB75 | 2021-2022 | Regular Session | Amended


Bill Title: Controlled substances: fentanyl.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced) 2021-03-24 - Set for hearing April 27. [SB75 Detail]

Download: California-2021-SB75-Amended.html

Amended  IN  Senate  March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 75


Introduced by Senator Bates
(Principal coauthor: Assembly Member coauthors: Assembly Members Choi, Nguyen, and Petrie-Norris)
(Coauthor: Senator Melendez)
(Coauthor: Assembly Member Waldron)

December 15, 2020


An act to add Section 11455 to the Health and Safety Code, relating to crimes. amend Sections 11370.4 and 11372 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 75, as amended, Bates. Southern California Fentanyl Task Force. 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 imposing additional incarceration costs on local agencies, 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, the California Uniform Controlled Substances Act (the act), classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act 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 requires a local health officer to assume that the fentanyl manufacturing process has led to some degree of chemical contamination and take action, as prescribed, if a fentanyl laboratory activity has taken place at a property.

Existing law establishes the Department of Justice under the direction and control of the Attorney General, and authorizes the Attorney General, among other things, to arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Existing law also authorizes the Attorney General, in conformity with the State Civil Service Act, to employ agents and other employees that are necessary for the conduct of the affairs of the Department of Justice in carrying out its responsibilities specified in the act.

This bill would require the Attorney General to establish and chair the Southern California Fentanyl Task Force. The bill would require the task force to develop information, make recommendations, and report findings to the Department of Justice and to the Legislature regarding matters relating to the fentanyl crisis in southern California communities. The bill would establish the membership of the task force, as specified, and would require the task force to hold its first meeting no later than July 1, 2022, and 4 times annually thereafter, as specified. The bill would require the task force to prepare and submit to the Legislature and to the department, on or before January 1, 2025, a report regarding the findings and recommendations of the task force, including a request to the Legislature to enact legislation in accordance with the findings and recommendations of the report. The members of the task force would not receive compensation for their service.

This bill would make legislative findings and declarations as to the necessity of a special statute for counties in southern California.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 11370.4 of the Health and Safety Code is amended to read:

11370.4.
 (a) Any (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:

(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 specified 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. be excluded.

The

(3) The conspiracy enhancements provided for specified 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. 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 A fine shall not be levied in lieu of of, or in substitution for for, the term of imprisonment provided by law for any of these offenses.
(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 paragraph (2) subparagraph (B) of paragraph (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 paragraph (3) subparagraph (C) of paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be 11370.4, may additionally 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 before 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. 3.

 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.
SECTION 1.Section 11455 is added to the Health and Safety Code, to read:
11455.

(a)The Attorney General shall establish and chair the Southern California Fentanyl Task Force.

(b)The task force shall develop information, make recommendations, and report findings to the Department of Justice and to the Legislature regarding matters relating to the fentanyl crisis in southern California communities. The goal of the task force is to identify strategies to combat the crisis in local communities.

(c)(1)The membership of the task force shall include a representative from the department and a representative from the Department of the California Highway Patrol. In addition, the task force shall include a representative from each of the following counties, if the county elects to participate in the manner described in paragraph (2):

(A)The County of Los Angeles.

(B)The County of Orange.

(C)The County of Riverside.

(D)The County of San Bernardino.

(E)The County of San Diego.

(2)A county may elect to participate in the task force if the sheriff of the county designates a representative to serve on the task force.

(d)Notwithstanding any other law, the members of the task force shall not receive compensation or any other payment for their service on the task force.

(e)The task force shall hold its first meeting no later than July 1, 2022. The task force shall meet at least four times annually after the date of the first meeting.

(f)The task force shall prepare and submit to the Legislature, in accordance with Section 9795 of the Government Code, and to the department, on or before January 1, 2025, a report regarding the findings and recommendations of the task force. The report shall request the Legislature to enact legislation in accordance with the findings and recommendations of the report.

(g)For purposes of this section, the following definitions apply:

(1)“Department” means the Department of Justice.

(2)“Task force” refers to the task force created pursuant to subdivision (a).

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique crisis in southern California relating to fentanyl use. As a result of that crisis, it is necessary that special legislation be enacted to ensure that appropriate resources are allocated to studying and developing strategies to specifically address the crisis in that region of the state.

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