SB 1381

Bill Subjects

Abstract

(1) 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 makes transportation and sales of specified controlled substances, including narcotics, punishable by imprisonment in a county jail for a period of 3, 4, or 5 years. This bill would make the sale, furnishing, administration, or giving away of any mixture of controlled substances containing fentanyl or its analogs, knowing that fentanyl or its analogs are present within the mixture, unbeknownst to the purchaser or recipient, and without disclosing that presence to the purchaser or recipient a felony punishable in county jail for 4, 5, or 6 years. This bill would require the court to advise a person who is convicted of, or who pleads guilty or no contest to transporting, importing, selling, or administering a controlled substance containing fentanyl or a fentanyl analog, or offering or attempting do so, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would prohibit the advisory from being used as evidence in the prosecution of a juvenile in juvenile court. (2) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Existing law authorizes the aggregation of the value of the money, labor, real property, or personal property stolen to determine grand theft if the acts are motivated by one intention, one general impulse, and one plan. This bill, instead, would authorize aggregation of the value of property stolen through one or more instances of theft or shoplifting into a single act that meets the definition of grand theft when the acts occurred within 3 years of each other. This bill would authorize a person to be charged with a misdemeanor or a felony if the current offense is petty theft or shoplifting and the person has 2 or more convictions for specified offenses, including petty theft, shoplifting, or receiving stolen property, within the prior 3 years. If a person has been punished under that provision previously within 3 years, the bill would make a new conviction for petty theft or shoplifting punishable as a felony. (3) The Safe Neighborhoods and Schools Act additionally established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. Existing law requires the Controller to disburse moneys from the fund for various purposes, including, among others, 25% to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils, and 65% to the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system. This bill would instead require 15% of the moneys to go to the State Department of Education program and 75% to the Board of State and Community Corrections program. (4) This bill would make the provisions of the bill severable. (5) This bill would place the substantive provisions of the bill on the ballot at the November 5, 2024, statewide general election. The bill would provide that, if another initiative or measure relating to the same subject appears on the same statewide ballot, all of the provisions of the other measure or measures shall be deemed to be in conflict with this measure and, in the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, would require that the provisions of this measure prevail in their entirety, and the provisions of the other measure or measures shall be null and void. (6) This bill would declare that it is to take effect immediately as an act calling an election.