HomeMy WebLinkAboutMINUTES - 03201990 - 1.25 _ Aw
TO: BOARD OF SUPERVISORS st L
�* ...... Contra
FROM: Cost
Phil Batchelor County Administrator
County
. . ;4
DATE:
March 13, 1990
SUBJECT:
LEGISLATION - SB 2112 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOWENDATION
Adopt a position of SUPPORT for SB 2112 by Senator Boatwright
which would expand the number of controlled substance offenses,
the conviction of which within 1000 feet of a school carries
enhanced penalties, changes the distance from 1000 feet to 1000
yards, includes colleges and universities and eliminates
ignorance of the law and other factors as a defense.
BACKGROUND:
Under current law if a person over the age of 18 is convicted of
transporting, selling, furnishing, giving away, possessing for
sale or purchasing for sale cocaine base, the individual can
receive an additional 3 ,4 or 5 years in state prison if the
offense takes place on the grounds of or within 1000 feet of a
public or private elementary, vocational, junior high school or
high school.
Senator Boatwright has introduced SB 2112 which expands this
provision to include nearly all controlled substance violations.
The bill also increases the distance from within 1000 feet to
within 1000 yards of schools and expands the schools which are
involved to include colleges and universities. The enhanced
penalty of 3 , 4 or 5 years would therefore apply whenever an
individual over the age of 18 is convicted of nearly any
controlled substance offense within 1000 yards of any public or
private school, college or university.
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
2 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): rf-aa, k Am
ACTION OF BOARD ON March -20 . 19 9 0 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.
CC: ATTESTED
MAR 2 0 1990
Please See Page 2 • PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
• -2-
In addition, SB 2112 provides that it shall be no defense to a
prosecution of these offenses that the defendant was unaware that
the prohibited conduct tool place while on or within 1000 yards
of a school, college or university. In addition, the bill
provides that it is not a defense that no juveniles were present
on the school, college or university property at the time of the
offense or that the school, college or university was not in
session or that signs were not posted warning of the prohibited
conduct.
Since SB 2112 substantially increases the circumstances in which
an enhanced penalty can be imposed for controlled substance
offenses which occur on or near a school the bill appears to
further the Board of Supervisors ' war on drugs. It is therefore
recommended that the Board of Supervisors indicate its support
for SB 2112.
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