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HomeMy WebLinkAboutMINUTES - 10301990 - 1.38 1-038 TO:- BOARD OF SUPERVISORS Contra . ., FROM: Costa Phil Batchelor, County Administrator ot DATE: c�rrA cbUi �y County October 18, 1990 SUBJECT: SUMMARY OF LEGISLATION ENACTED IN 1990 ADDRESSING THE QUESTION OF ILLEGAL DRUG ACTIVITY NEAR SCHOOLS AND RELATED FACILITIES SPECIFIC REGUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Acknowledge receipt of this report on the status of legislation enacted by the State Legislature in 1990 dealing with the sale and other activity regarding illegal drugs which take place in close proximity to schools and related facilities where young children are likely to be found. BACKGROUND: The Board has been concerned about the need to declare "Drug-Free School Zones" at a distance of 1000 feet from each school in the unincorporated area of the County and encourage each city to do the same. One of the issues which was raised was what changes were likely to be made in the law in 1990 addressing the types of drugs and types of activity which, if conducted in close proximity to a school would be subject to an enhanced punishment. Three bills passed the Legislature and were signed into law by the Governor which address this question. They are: AB 3744 (Elder) - Chapter 1663, Statutes of 1990 AB 2645 (Epple) - Chapter 1664, Statutes of 1990 SB 2112 (Boatwright) - Chapter 1665, Statutes of 1990 All provisions of AB 3744 were chaptered out by SB 2112 since SB 2112 was signed after AB 3744 and dealt with some of the same sections of the law. Therefore, this analysis will address only the provisions of AB 2645 and SB 2112 which will actually take effect January 1, 1991. CONTINUED ON ATTACHMENT: YPR YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X-APPROVE OTHER SIGNATURE(S): �/[/,(i(!�1' // • _Zj((,f//J1� �— ACTION OF BOARD ON October 30 , 1990 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON�THE DATE SHOWN. CC: ATTESTED ��%�-d►�L/�!' 30 19 PQ County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF District Attorney SUPERVISORS AND COUNTY ADMINISTRATOR Sheriff-Coroner Health Services Director ��_. BY �""-'- DEPUTY M382 (10/88," -2- Health & Safety Code Section 11353: Existing law makes it a felony, punishable by imprisonment in the state prison for 3, 5, or 7 years, for a person 18. years of age or older to engage in specified unlawful acts involving a minor with respect to specified controlled substances. AB 2645 increases the terms of imprisonment to 3, 6, or 9 years in the state prison for this offense. Health & Safety Code Section 11353.1: Existing law provides that any person 18 years of age or older who is convicted of specified controlled substance offenses where the defendant is at least four years older than the minor shall receive an additional punishment of 1, 2, or 3 years at the court' s discretion. SB 2112 amends this section to provide that if the offense involved heroin, cocaine, cocaine base or any analog of these substances and occurred on the grounds of or within a church or synagogue, playground, public or private youth center or public swimming pool during hours when the facility is open for business, classes or school-related programs, or at any time when minors are using the facility the defendant shall receive a full and separate enhancement of his or her sentence of one year. If the offense involved heroin, cocaine, cocaine base or any analog of those substances and occurred on or within 1000 feet of the grounds of any public or private elementary, vocational, junior high or high school during hours the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, the defendant shall receive a full and separate enhancement of his. or her sentence of two years. SB 2112 continue the additional enhancement of 1, 2, or 3 years where the minor involved is at least four years younger than the defendant. SB 2112 adds definitions of "playground", "youth center" , "video arcade" , "video game machine"and "within 1000 feet of the grounds of any public or private elementary, vocational, junior high, or high school" . Finally, the section provides that it does not require either that notice be posted regarding the proscribed conduct or that the applicable 1000 foot boundary limit be marked. Health & Safety Code Section 11353.5: Under existing law any person 18 years of age or older who unlawfully prepares for sale upon school grounds or a public playground, or sells or gives away a controlled substance to a minor on the grounds of or within any school providing instruction through grade 12, during hours when the school is open for classes or school-related programs, or on the grounds of a public playground during the hours when school-related programs for minors are being conducted shall be punished by imprisonment in the state prison for 5, 7 or 9 years, providing that the defendant is at least five years older than the minor, to whom he or she prepares for sale, sells, or gives away a controlled substance. SB 2112 amends these provisions as follows: It include a church or synagogue in the provision relating to the preparation for sale. -3- It appears to limit the application of the provision relating to the preparation for sale, sale or giving away of a controlled substance so that it does not apply to specified controlled substances. It includes as areas covered by the prohibition against selling or giving away specified controlled substances a public playground, church or synagogue which is providing instruction through grade 12. It also expands this provision to include any time when minors are using the facility where the offense occurs, rather than limiting it to the time when the facilities are open for classes or school-related programs. In this manner, this section now includes more locations where, if the offense occurs, the enhancement may be sought and expands the times when the enhancement can be sought to include any time when minors are using the facility where the offense occurs, although it limits the offenses to which this penalty applies. Health & Safety Code Section 11353.7: Existing law makes it a felony punishable by imprisonment in the state prison for 3, 6 or 9 years for any person 18 years of age or older to unlawfully prepare for sale and to sell or give away to minors under the age of 14 controlled substances in public parks, including units of the state park system and state vehicular recreation areas during hours when the park is open for use, providing the person knew that the minor was under the age of 14. SB 2112 would exclude from this provision playgrounds situated in a public park, which are covered by other provisions. Health & Safety Code Section 11364: Existing law makes it unlawful to possess an opium pipe or other paraphernalia used for unlawfully injecting or smoking specified controlled substances. AB 2645 would expand this prohibition by adding a prohibition against the possession of paraphernalia used for injecting or smoking methamphetamine. Health & Safety Code Section 11380: Existing law makes it a felony, punishable by imprisonment in the state prison for 3, 5, or 7 years for a person 18 years of age or older who solicits, induces, encourages or intimidates any minor with the intent that the minor will violate any provisions of the chapter in which this section appears, in regard to a variety of specified controlled substances, specifically excluding methamphetamine, phencyclidine (PCP) or any analog of these substances, or who unlawfully furnishes, offers to furnish or attempts to furnish those controlled substances to a minor. SB 2112 would add methamphetamine, phencyclidine (PCP) or any analog of these substances to this prohibition by deleting them as exceptions. It would also increase the punishment for these violations by changing the punishment from 3, 5 or 7 years in state prison to 3,6, or 9 years in state prison. -4- Health & Safety Code Section 11380.1: As is noted above, existing law makes it a felony, punishable by imprisonment in the state prison for 3,5, or 7 years for a person 18 years of age or older who solicits, induces, encourages or intimidates any minor with the intent that the minor will violate any provisions of the chapter in which this section appears, in regard to a variety of specified controlled substances, specifically excluding methamphetamine, phencyclidine (PCP) or any analog of these substances, or who unlawfully furnishes, offers to furnish or attempts to furnish those controlled substances to a minor. SB 2112 adds this section to provide as follows: In case of a violation of the above provision as it relates to methamphetamine, phencyclidine (PCP) or any analog of these substances: If the offense occurred on the grounds of or within a church or synagogue, a playground, a public or private youth center or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility; Then the defendant shall serve a full and separately served enhancement to any other enhancement provided in this section of one year. However, if the offense involved methamphetamine, phencyclidine (PCP) or any analog of these substances, but Occurred on or within 1000 feet of the grounds of any public or private elementary, vocational, junior high or high school, during hours that the school is open for classes or school related programs, or at any time when minors are using the facility where the offense occurs; Then the defendant shall serve a full and separately served enhancement to any other enhancement provided in this section of two years. In addition to the above enhancements, if the offense involved a minor who is at least 4 years younger than the defendant, the defendant shall serve a full and separately served enhancement from any other enhancement provided by this section, of 1, 2 or 3 years, at the discretion of the court. Health & Safety Code Section 11380.5: This section is repealed, but its provisions are included in and enhanced by the amendments to Sections 11380 (above) and the addition of Section 11380. 1 (above) . Welfare & Institutions Code Section 729.8: Existing law provides that if a minor is found to be a person under the jurisdiction of the juvenile court by reason of unlawfully. possessing controlled substances on school grounds during school hours, the court generally may require, as a condition of probation, that the person perform no less than 40 hours of community service. AB 2645 includes the use, sale or other furnishing of a controlled substance as offenses covered by this section. The bill also includes offenses involving any defined imitation controlled substance, defined toluene or a defined toxic, or defined dangerous drug within the scope of its provisions. -5- This bill would also extend the- above provisions to apply to unlawfully possessing controlled substances on the grounds of any church or synagogue, playground, public or private youth center, public swimming pool, rather than only on school grounds. In addition, AB 2645 adds as times covered by the section when the facilities are open for business or at any time when minors are using the facility, rather than only during hours in which the school is open for classes or school-related activities. Under these increased circumstances, the bill alters the minimum hours of community service the court may order from not less than 40 to not more than 100 hours.