SB 1350

Bill Subjects

Abstract

Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl. Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies. This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.