HomeMy WebLinkAboutMINUTES - 03061990 - 1.35 1,035 M
TO BOARD OF SUPERVISORS
Z. Contra
FROM:
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Phil Batchelor, County Administrator s
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DATE: February 26 , 1990 cOrTA coax "�r��`
SUBJECT: LEGISLATION: AB 1264 (Dennis Brown)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOPY 3NDATION
Adopt a position in SUPPORT of AB 1264 by Assemblyman Dennis
Brown which would authorize an additional punishment in state
prison for specific offenses involving phencyclidine or any of
its analogs or precursors where the defendant involves a minor in
the offense, providing the individual is at least four' years
older than the minor who is involved.
BACKGROUND:
Under current law a person may be punished in state prison for
three, five or seven years if the person is 18 years of age or
older, violates any of the laws involving phencyclidine and does
any of the following:
* Uses a minor as an agent for the sale of the drug.
* Solicits, induces, encourages, or intimidates any minor with
the intent that the minor shall violate any of the laws
regarding phencyclidine.
* Unlawfully furnishes, offers to furnish, or attempts to
furnish phencyclidine to a minor.
Assemblyman Dennis Brown has introduced AB 1264 which would add
to the above prison sentence an additional punishment of one, two
or three years at the court' s discretion where the person who is
convicted of any of the above offenses was four or more years
Yes
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
YRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Lx APPROVE OTHER
SIGNATURES: &WI�6h
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_2L UNANIMOUS(ABSENT 75r ) 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: please see Page 2. ATTESTED MAR 6 7990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
�
M382 (10/88) BY DEPUTY
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older than the minor who was involved. In order to impose this
additional punishment the accusatory pleading must allege this
age difference and the defendant must either admit to it or it
must be found to be true by the trier of fact. The bill provides
that the court may strike the additional punishment if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
It appears that the passage and enactment of AB 1264 would
further the Board' s war on drugs by increasing the penalty for an
adult who involves a minor in drug offenses. It is therefore
recommended that the Board indicate its support for AB 1264.
cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer,
Health Services Director
Drug Program Administrator
Chair, Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates
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