Bill Text: CA SB75 | 2021-2022 | Regular Session | Amended
Bill Title: Controlled substances: fentanyl.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB75 Detail]
Download: California-2021-SB75-Amended.html
|
Amended
IN
Senate
March 03, 2021 |
| Introduced by Senator Bates (Principal (Coauthor: Senator Melendez) (Coauthor: Assembly Member Waldron) |
December 15, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
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)(1)Where
(2)Where
(3)Where
(4)Where
(5)Where
(6)Where
The
(1)Where
(2)Where
(3)Where
(4)Where
In
The
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.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.(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).
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.
