california legislature—2023–24 regular session
ASSEMBLY BILL No. 1848
Introduced by Assembly Member Davies
January 17, 2024
An act to amend Section 11353.1 of the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
AB 1848, as introduced, Davies. Controlled substances: fentanyl.
Existing la w mak es it a crime to solicit or encourage a minor to commit specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these pro visions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare f acilities, subject to punishment with an additional enhancement in the state prison of one year.
This bill would make that enhancement also apply to a violation of those pro visions with respect to fentan yl and w ould e xpand the parameters to within 1,000 feet of those specified locations.
By expanding the scope of crimes and creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
99 Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11353.1 of the Health and Safety Code line 2 is amended to read:
line 3 11353.1. (a) Notwithstanding any other provision of law, any line 4 person 18 years of age or over who is convicted of a violation of line 5 Section 11353, in addition to the punishment imposed for that line 6 conviction, shall receive an additional punishment as follows:
line 7 (1) If the of fense in volved heroin, cocaine, cocaine base, line 8 fentanyl, or an y analog of these substances and occurred upon line 9 upon, or within 1,000 feet of, the grounds of, or within, a church line 10 or synagogue, a playground, a public or pri vate youth center , a line 11 child day care f acility, or a public swimming pool, during hours line 12 in which the facility is open for business, classes, or school-related line 13 programs, or at an y time when minors are using the f acility, the line 14 defendant shall, as a full and separately serv ed enhancement to line 15 any other enhancement provided in paragraph (3), be punished by line 16 imprisonment in the state prison for one year.
line 17 (2) If the of fense involved heroin, cocaine, cocaine base, or line 18 any analog of these substances and occurred upon, or within 1,000 line 19 feet of, the grounds of any public or private elementary, vocational, line 20 junior high, or high school, during hours that the school is open line 21 for classes or school-related programs, or at any time when minors line 22 are using the facility where the offense occurs, the defendant shall, line 23 as a full and separately serv ed enhancement to an y other line 24 enhancement pro vided in paragraph (3), be punished by line 25 imprisonment in the state prison for two years. line 26 (3) If the offense involved a minor who is at least four years line 27 younger than the defendant, the defendant shall, as a full and line 28 separately served enhancement to any other enhancement provided line 29 in this subdivision, be punished by imprisonment in the state prison line 30 for one, two, or three years, at the discretion of the court. line 31 (b) The additional punishment pro vided in this section shall line 32 not be imposed unless the allegation is charged in the accusatory line 33 pleading and admitted by the defendant or found to be true by the line 34 trier of fact.
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line 1 (c) The additional punishment provided in this section shall be line 2 in addition to any other punishment provided by law and shall not line 3 be limited by any other provision of law.
line 4 (d) Notwithstanding any other provision of law, the court may line 5 strike the additional punishment pro vided for in this section if it line 6 determines that there are circumstances in mitig ation of the line 7 additional punishment and states on the record its reasons for line 8 striking the additional punishment.
line 9 (e) As used in this section the following definitions shall apply:
line 10 (1) “Playground” means an y park or recreational area line 11 specifically designed to be used by children which that has play line 12 equipment installed, including public grounds designed for athletic line 13 activities such as baseball, football, soccer , or basketball, or any line 14 similar facility located on public or private school grounds, or on line 15 city, county, or state parks.
line 16 (2) “Youth center” means any public or private facility that is line 17 primarily used to host recreational or social activities for minors, line 18 including, b ut not limited to, pri vate youth membership line 19 organizations or clubs, social service teenage club facilities, video line 20 arcades, or similar amusement park facilities.
line 21 (3) “Video arcade” means any premises where 10 or more video line 22 game machines or de vices are operated, and where minors are line 23 legally permitted to conduct business.
line 24 (4) “Video game machine” means any mechanical amusement line 25 device, which is characterized by the use of a cathode ray tube line 26 display and which, upon the insertion of a coin, slug, or tok en in line 27 any slot or receptacle attached to, or connected to, the machine, line 28 may be operated for use as a game, contest, or amusement. line 29 (5) “Within 1,000 feet of the grounds of an y public or private line 30 elementary, vocational, junior high, or high school” means an y line 31 public area or b usiness establishment where minors are le gally line 32 permitted to conduct business which that is located within 1,000 line 33 feet of any public or pri vate elementary, vocational, junior high, line 34 or high school.
line 35 (6) “Child day care f acility” has the meaning specified in line 36 Section 1596.750.
line 37 (f) This section does not require either that notice be posted line 38 regarding the proscribed conduct or that the applicable 1,000-foot line 39 boundary limit be marked.
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line 1 SEC. 2. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 the only costs that may be incurred by a local agenc y or school line 4 district will be incurred because this act creates a ne w crime or line 5 infraction, eliminates a crime or infraction, or changes the penalty line 6 for a crime or infraction, within the meaning of Section 17556 of line 7 the Government Code, or changes the definition of a crime within line 8 the meaning of Section 6 of Article XIII B of the California line 9 Constitution.
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