HomeMy WebLinkAboutMINUTES - 04171990 - 1.37 1-03�
TO: BOARD OF SUPERVISORS
- SE Contra
FROM: Phil Batchelor, County Administrator '<
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April 9 , 1990 Count� '"�'
DATE: sr--COU.
SUBJECT: LEGISLATION - SB 2112 (Boatwright)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIlENDATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of 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,
universities and public parks and eliminates ignorance of the law
and other factors as a defense.
BACKGROUND:
On March 20, 1990 the Board of Supervisors voted to support SB
2112. On March 28 , 1990 the bill was amended.
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, as amended March
28, 1990, 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
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
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�L RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): LA"
ACTION OF BOARD ON April 17 , 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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
M382 (10/88) BY �C��G(� DEPUTY
schools which are involved to include colleges and universities.
In addition, the bill includes such offenses when they occur on
the premises of any public park. 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 or on the premises of any public park.
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 took place while on or within 1000 yards
of a school, college or university or on the premises of any
public park. In addition, the bill provides that it is not a
defense that no juveniles were present on the school, college or
university property or on the premises of any public park 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.
The March 28 , 1990 amendments add "on the premises of any public
park" to the other provisions.
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 or public park, the bill
appears to further the Board of Supervisors ' war on drugs. It is
therefore recommended that the Board of Supervisors indicate its
continued 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