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TO: BOARD OF SUPERVISORS sE L
Contra
CostaFROM: •�' '•
Phil Batchelor, County Administrator B'
County
DATE: May 11 , 1990
SUBJECT: LEGISLATION: SB 2329 (Killea)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONMMDATION:
Indicate that the Board of Supervisors continues to SUPPORT SB
2329 by Senator Killea . which would increase the penalty
enhancement for specified offenses involving methamphetamine or
amphetamine where the defendant is 18 years of age or older and
involves a minor in the offense who is four years or more younger
than the defendant and which would make a technical change in the
requirement that persons selling certain chemicals require proper
identification and retain sales records.
BACKGROUND:
Existing law makes it a felony, punishable by imprisonment in the
state prison for 3 , 5 or 7 years, for a person 18 years of age or
older to engage in specified act involving a minor with respect
to specified controlled substances.
Existing law also provides for an additional term of imprisonment
of 1 , 2 or 3 years, at the court' s discretion, in cases where the
defendant is 18 years of age or older and at least four years
older than the minor and the offense involves heroin, cocaine or
other specified narcotic drugs.
SB 2329 has been introduced by Senator Killea. SB 2329 , as
introduced, would also impose an additional term of imprisonment
CONTINUED ON ATTACHMEN7�re,j___YES SIGNATURE: D
A_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): yd&� )�
ACTION OF BOARD ON May 22, 1990 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.
MAY 2 2 1990
CC: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
�e
M382 (10/88)
BY DEPUTY
of 1, 2 or 3 years, at the court' s discretion, in cases where the
defendant is 18 years of age or older and at least four years
older than the minor and the offense involves methamphetamine,
amphetamine or any analog of these controlled substances.
Under existing law, any manufacturer, wholesaler, retailer or
other person who sells to any person in this state any quantity
of sodium cyanide, potassium cyanide, cyclohexanone,
bromobenzene, magnesium turnings, mercuric choloride, sodium
metal, lead acetate, paladium black, red phosphorus, freon 11,
freon 12 , sodium acetate or acetic anhydride shall require proper
purchaser identification and retain the bill of sale for three
years. SB 2329 changes the reference to freon 11 and freon 12 to
Refrigerant 11 and Refrigerant 12 .
Since SB 2329 increases the penalties on defendants who involve
minors more than four years younger than themselves in offenses
involving methamphetamine or amphetamine and thereby helps to
protect minors from drug dealers, the bill assists in furthering
the Board of Supervisors' war on drugs. It is therefore
recommended that the Board of Supervisors continue to indicate
its support for SB 2329.
cc: Senator Lucy Killea
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