HomeMy WebLinkAboutMINUTES - 04171990 - 1.33 1®®33
TO: BOARD OF SUPERVISORS SE ` Contra
FROM: Phil Batchelor, County AdministratorCosta� 0.
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April 9, 1990 County
DATE: q q co
LEGISLATION: SB 1751 (Russell)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of 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
stop or on 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 of 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:
On February 6 , 1990 the Board of Supervisors voted to support SB
1751. On March 22, 1990 the bill was amended.
Under current law, any person 18 years of age or over who is
convicted of possession for sale or purchase for sale of cocaine
base, or of transporting, importing into this state, or who
sells, furnishes, administers, gives away, or who offers to
transport, import into this state, sell, furnish, administer or
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X
L RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April
1 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: please see Page 2 . ATTESTED
APR 17 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
give away or who attempts to import into this state or transport
or who manufactures, compounds, converts, produces, derives,
processes or prepares cocaine base or is convicted of conspiracy
to commit any of these offenses, when the offense takes place on
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 that 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, as amended March 22 , 1990, would include
minors who have been determined to be unfit to be dealt with
under the juvenile court law and would add to this provision
situations where the offense occurs within 1000 feet of a school
bus stop or on a school bus.
SB 1751 also makes a defendant who is convicted of any of these
offenses ineligible for probation or 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.
The March 22, 1990 amendments add minors who are unfit to be
dealt with under the juvenile court law and adds school bus stops
to the locations which justify the specified penalty
enhancements.
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 bus stop or on a school bus, 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 indicate its continued support SB 1751 .
cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Chief
Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates
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