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HomeMy WebLinkAboutMINUTES - 03131990 - 1.24 TO: BOARD OF SUPERVISORS - _. Contra FROM: Costa Phil Batchelor, County Administrator s County DATE: March 6 , 1990 c�srA courier�Py` SUBJECT: LEGISLATION - AB 2992 (Eaves) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONllEENDATION: Adopt a position of SUPPORT for AB 2992 by Assemblyman Eaves which would increase the penalties for drug trafficking crimes when the defendant used a minor in the commission of the crime or unlawfully sold a controlled substance to a minor in the commission of the crime. BACKGROUND: Under current law, there are a variety of situations where the penalty imposed by the court for the commission of a felony can be enhanced because of other circumstances which were present at the time the individual was committing the felony. For instance, an individual who was armed with a firearm at the time a felony was committed can be punished by imprisonment for an additional year, in addition to the punishment for the felony. Likewise, an individual who possesses armor piercing ammunition for a firearm the person is armed with at the time he or she commits a felony can receive an additional three, four or five years in state prison, above and beyond the punishment for whatever the felony was. In the same manner, under current law, additional penalties can be imposed by the court for possession or possession for sale of certain controlled substances where there have been prior convictions for similar offenses. Also, additional enhancements to a term of imprisonment can be imposed for various heroin and cocaine base violations where the amount involved exceeds various thresholds. CONTINUED ON ATTACHMENT:Yes YES SIGNATURE: (?eW RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): a" k ACTION OF BOARD ON- March 13 , 1990 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE -2SL 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 MAR 13 1990 Please see Page 2 . PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) ' -2- Assemblyman Eaves has introduced AB 2992 which defines a drug trafficking crime to mean a crime 'that may include as an element the manufacture, distribution or sale of (or intent to commit or conspiracy to commit such a crime) as it relates a wide variety of defined controlled substances. The bill then says. that when a defendant is convicted of a drug trafficking crime and the defendant used a minor in the commission of the crime or unlawfully sold a controlled substance to a minor in the commission of the crime, the defendant shall have the term of imprisonment which would apply to the underlying crime, including any of the types of enhancements noted above, doubled. The bill would provide that this enhanced sentence provision could be imposed in cases including, but not limited to, those involving the use of minors in drug trafficking and in those which involve the supplying of drugs to minors under a variety of statutes. In addition, the bill provides that when a defendant is convicted of a drug trafficking crime and in the course of planning, attempting, perpetrating, or avoiding arrest for the crime the defendant organized, supervised or managed five or more persons, the term of imprisonment for the underlying crime shall be doubled. Finally the bill provides that no court shall have the authority to strike or suspend the execution or imposition of the additional punishment provided for in this bill. Since AB 2992 assists in protecting minors from being drawn into drug crimes and since the bill imposes more severe penalties for those defendants who do involve minors in such drug crimes it appears that AB 2992 furthers the Board of Supervisors' war on crime. It is therefore recommended that the Board of Supervisors indicate its support for AB 2992. cc: County Administrator District Attorney Sheriff-Coroner County Probation Officer Health Services Director Drug Program Administrator Chair, Drug Abuse Advisory Board Les Spahnn, SRJ. Jackson, Barish & Associates