CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager
DATE: February 7, 2023
SUBJECT: Letter of Support for Senate Bill 44 - Fentanyl Admonishment
RECOMMENDATION
Staff recommends that the City Council approve sending a letter of Support for Senate Bill 44 - Fentanyl Admonishment.
BACKGROUND
In February 2019, the City Council adopted the City's Legislative Platform. The legislative platform is comprised of "Guiding Principles" and "Policy Statements," which provide an outline and means for summarizing the City's core legislative principles and positions on legislative matters. The City of Laguna Niguel prides itself on being a safe and healthy City, with Public Safety being outlined as Goal #1 in the City's Strategic Plan.
The City of Laguna Niguel has recognized the alarming rate at which the opioid crisis has impacted Orange County and has taken several proactive measures to raise awareness of the effects of the opioid epidemic. Most recently, the City submitted a letter of support for Senate Bill 75 (Bates), creating a Southern California Fentanyl Task Force, and adopted Resolution No. 2022-1379, Supporting Orange County's efforts to eliminate the threat of Fentanyl in our communities.
ANALYSIS
This item was placed on the agenda at the request of Council Member Gennawey and Council Member Jennings. As is standard practice for a bill aligned with the City's adopter leaislative platform, staff will send a letter of support for Senate Bill 44 - Fentany Admonishments. Senate Bill - 44 Fentanyl Admonishments (Attachment A) would aid law enforcement in the prosecution of fentanyl trafficking and related deaths.
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
No legal review is required for this report.
CONCLUSION
Staff recommends that the City Council approve sending a letter of Support for Senate Bill 44 - Fentanyl Admonishment.
Tamara S. Letourneau Kevin X. O'Connor
City Manager Management Assistant
Attachments:
A. Senate Bill 44 - Controlled Substance Proposed Text
ATTACHMENT - A
Senate Bill 44 - Controlled Substance Proposed Text
SENATE BILL No. 44
Introduced by Senator Umberg
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 44, as introduced, Umberg. Controlled substances.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics.
This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
SECTION 1. Section 11369 is added to the Health and Safety 2 Code, to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law.
99 SB 44 —2—
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11352, or 11379.6 of the following:
"You are hereby advised that the illicit manufacture or distribution of controlled substances, either real or countertet. inflicts a grave health risk to those who ingest or are exposed to them. It is extremely dangerous to human life to manufacture or 9 distribute real or counterfeit controlled substances. If you do so, 10 and a person dies as a result of that action, you can be charged 11 with voluntary manslaughter or murder."
12 13 (c) The advisory statement shall be provided to the defendant 14 in writing, either on the plea form or after sentencing, and the fact 15 that the advisory was given shall be on the record and recorded in 16 the abstract of the conviction.
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