SENATE BILL No. 13
Introduced by Senator Ochoa Bogh
(Coauthor: Senator Grove)
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
SB 13, as introduced, Ochoa Bogh. Controlled substances.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer , gi ve a way, 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 abo ve 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:
line 1 SECTION 1. Section 11369 is added to the Health and Safety line 2 Code, to read:
line 3 11369. (a) This section shall be known, and may be cited, as line 4 Alexandra’s Law.
99 line 1 (b) The court shall advise a person who is convicted of, or who line 2 pleads guilty or no contest to, a violation of Section 11351, 11352, line 3 or 11379.6 of the following:
line 4 “You are hereby advised that the illicit manuf acture or line 5 distribution of controlled substances, either real or counterfeit, line 6 inflicts a grave health risk to those who ingest or are e xposed to line 7 them. It is extremely dangerous to human life to manuf acture or line 8 distribute real or counterfeit controlled substances. If you do so, line 9 and a person dies as a result of that action, you can be char ged line 10 with voluntary manslaughter or murder.”
line 11 (c) The advisory statement shall be pro vided to the defendant line 12 in writing, either on the plea form or after sentencing, and the fact line 13 that the advisory was given shall be on the record and recorded in line 14 the abstract of the conviction.
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99 — 2 — SB 13