HomeMy WebLinkAboutMINUTES - 02061990 - 1.29 -0"9
TO: BOARD OF SUPERVISORS �E Contra
FROM: f
Phil Batchelor, County Administrator
Costa
County
DATE: Y r
Januar 30 1990 `J
Aty
SUBJECT: LEGISLATION: SB 1751 (Russell)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position of SUPPORT for SB 1751 by Senator Russell which
would apply certain penalty enhancements to specified controlled
substance offenses involving cocaine which take place on or
within 1000 feet of a school bus. The bill would also expand the
definition of school property for purposes of applying penalty
enhancements to specified controlled substance offenses which
take place on or within 1000 feet iof a school to include any
property owned by or leased to a school. The bill would also
prohibit plea bargaining when the information or indictment
alleges facts which could result in an enhancement pursuant to
these provisions and would prohibit granting probation to any
person who has received an additional sentence pursuant to these
provisions. A defendant would also be ineligible for parole
during any and all of a sentence imposed under these provisions.
BACKGROUND:
Under current law, any person 18 y-ars of age or over who is
convicted of possession for sale or urchase for sale of cocaine
base, or of transporting, importing into this state, or who
sells, furnishes, administers, giv%, away, or who offers to
transport, import into this state, ell, furnish, administer or
give away or who attempts to import nto this state or transport
or who manufactures, compounds, c? inverts, produces, derives,
processes or prepares cocaine base ois convicted of conspiracy
to commit any of these offenses, when the offense takes place on
CONTINUED ON ATTACHMENT:Ye S YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREM:
: `/� '
ACTION OF BOARD ON APPROVED AS RECOMMENDED X_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
County Administrator
CC: District Attorney ATTESTED FEB 6 1990
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF
Public Defender SUPERVISORS AND COUNTY ADMINISTRATOR
County Probation Officer
Health Services Director
Drug Program Chief
Drug Abuse Advisor Board BY DEPUTY
M382 (10/88) g Y
Les Spahnn,
SRJ. Jackson, Barish & Associates
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the grounds of a public or private school or within ' 1000 feet of
a school, can receive additional punishment of three, four or
five years on top of the basic punishment of three, : four or five
years, at the court' s discretion.
If the offense involves a minor who is at least four years
younger than the person convicted, the court may add an
additional three, four or five years onto the punishment, making
any of these offenses eligible for punishment of between nine and
fifteen years. SB 1751 would add to this provision situations
where the offense occurs within 1000 feet of or on a school bus.
SB 1751 also makes a defendant who is convicted of any of these
offenses ineligible for probation for parole and expands the
definition of schoolgrounds to include property owned by or
leased to a school.
SB 1751 also prohibits plea bargaining in any case where the
information or indictment alleges facts which could result in an
enhancement under this section.
In view of the fact that SB 1751 substantially increases the
punishment which can be authorized for anyone convicted of
various crimes involving cocaine being provided to minors on or
within 1000 feet of a school bust, the bill appears to be
consistent with the Board' s priorities in the area of the war on
drugs. It is therefore recommended that the Board vote to
support SB 1751.
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