Tom Umberg
- Democratic
- Senator
- District 34
Author
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency and requires the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. Existing law permits a defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty and authorizes a court to set aside a verdict of guilty, if the defendant has met certain requirements. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill would require a defendant who is charged with the above-described crimes to be ordered to complete a substance education or treatment program, as described above, and would state that a defendant who successfully completes an education or treatment program is eligible for the relief described above. This bill would declare that it is to take effect immediately as an urgency statute.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
June 28 set for first hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 13). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 1258.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1157.) (May 18).
Set for hearing May 18.
April 24 hearing: Placed on APPR suspense file.
Set for hearing April 24.
April 17 hearing postponed by committee.
Set for hearing April 17.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 575.) (March 28). Re-referred to Com. on APPR.
Set for hearing March 28.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after January 5.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB21 | HTML |
| 12/05/22 - Introduced | |
| 02/23/23 - Amended Senate | |
| 01/17/24 - Amended Assembly | |
| 05/02/24 - Amended Assembly |
| Document | Format |
|---|---|
| 03/24/23- Senate Judiciary | |
| 04/21/23- Senate Appropriations | |
| 05/20/23- Sen. Floor Analyses | |
| 06/09/23- Assembly Judiciary |
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