HomeMy WebLinkAboutMINUTES - 04171990 - 1.41 1-041
TO: BOARD OF SUPERVISORS _ bE Contra
Costa
FROM:
Phil Batchelor, County Administrator �� �,s
Count
DATE: April 9, 1990
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SUBJECT: LEGISLATION - AB 2992 (Cannella)
SPECIFIC REGUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONMENDATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of AB 2992 by Assemblyman Cannella 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:
On March 13 , 1990 the Board of Supervisors voted to support AB
2992 . The bill was amended on March 22, 1990 to substitute
Assemblyman Cannella for Assemblyman Eaves as the author of the
bill. The substance of the bill remains unchanged.
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 f irearm 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. -
CONTINUED ON ATTACHMENT:YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
4—APPROVE OTHER
SIGNATURE(S): le
L&.&& ZE A6�4 L�
ACTION OF BOARD ON April 1 7., 1990 APPROVED AS RECOMMENDED 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: ATTESTED APR 17 1990
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ��� DEPUTY
M382 (10/88)
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.
Assemblyman Cannella has authored AB 2992 which, as amended March
22, 1990, 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 continuing 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