HomeMy WebLinkAboutMINUTES - 06121990 - 1.36 1-036
TO: BOARD OF SUPERVISORS SEL Contra
FROM: Phil Batchelor, CountylAdministrator
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DATE: June 6 , 1990 �osT ��Y' County
SUBJECT: LEGISLATION: AB 2645 (Eastin)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Continue the Board' s position in SUPPORT of AB 2645 by
Assemblywoman Eastin which expands the number of drug offenses
for which increased penalties are imposed when committed within
1000 feet of a school,' playground, public or private youth
center, public swimming pool or church or synagogue, would add
additional penalty enhancements when the defendant is at least
four years older than thei;lminor, which increases the minimum
community service which a" minor can be ordered to perform from 40
hours to not more than 100 hours when the minor is convicted of
specified controlled substance offenses on a school ground,
expands this provision to include within 1000 feet of a school or
any of the facilities noted above and prohibits the possession of
specified drug paraphernalia used for injecting or smoking
methamphetamine.
BACKGROUND-
On February 13 , 1990 the `Board of Supervisors voted to support AB
2645 by Assemblywoman Eastin. On March 27, 1990 the Board voted
to continue its support of AB 2645 as amended February 22, 1990.
On June 5, 1990 the Board of Supervisors voted to continue its
support in view of the amendments made on April 30, 1990 . On May
16 , 1990 the bill was again amended.
Under existing law it is : felony, punishable by imprisonment in
the state prison for 3 , 5 or 7 years, for a person 18 years of
CONTINUED ON ATTACHMENTYeS YES SIGNATURE:
yyRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 'L
ACTION OF BOARD ON June 12, 1990 APPROVED AS RECOMMENDED OTHER
:I
VOTE OF PERVISORS
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: ATTESTED JUN 12 19W
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please See Page 3 • SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
L)rj
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age or older to engage in specified unlawful acts involving a
minor with respect to specified controlled substances.
AB 2645 , as amended May'; 16, 1990 , would increase this term of
imprisonment to 3 , 6, or '9 years.
In addition, AB 2645 provides that if an individual 18 years of
age or older is convicted of any of these offenses where the
offense occurred on the grounds of any public or private school,
church, synagogue, playground, public or private youth center or
public swimming pool during hours in which the school or facility
is open for business, classes or school-related programs, or in
any public park during hours when the park is open to the public
the defendant shall receive a full and separately served
enhancement of two years.
If any of the above offenses occurred within 1000 feet of the
grounds of any school or other facility noted above but not on
the grounds of the facility or within 1000 feet of any public
park during hours when the park is open to the public, the
defendant shall serve a full and separately served enhancement of
one year.
In addition to the above enhancements, if the defendant is four
or more years older than the minor, the defendant shall serve a
full and separate enhancement of one, two or three years, at the
court' s discretion.
Under current law, an additional term of 3 , 4, or 5 years is
imposed for any person 18 years of age or older who is convicted
of possession of cocaine for sale, purchase of cocaine for
purposes of sale, transportation, import, sale, furnishing,
giving away, or of attempting to or offering to do any any of the
above in regard to cocaine, or who manufactures cocaine while he
or she is on the grounds of or within 1000 feet of a public or
private elementary, vocational, junior high school or high
school. Current law also provides that any person 18 years of
age or older who is convicted of these offenses where the
violation involves a minor who is at least 4 years younger than
the person shall also be punished by an additional full and
separately served sentence enhancement of 3 , 4, or 5 years at the
court' s discretion.
AB 2645 expands the offenses to which this penalty enhancement
would apply, adds a church, synagogue, playground, public or
private youth center or 'public swimming pool or within 1000 feet
of any such facility or 'in any public park during hours the park
is open to the public.
Existing law prohibits the possession of an opium pipe or other
specified drug paraphernalia used for injecting or smoking
specified controlled substances.
it
AB 2645 would also prohibit the possession of specified drug
paraphernalia used for injecting or smoking methamphetamine.
Under current law, a minor found to be a delinquent because he or
she was found guilty of possessing controlled substances on
school grounds during ,school hours is generally required to
perform, as a condition of probation, not less than 40 hours of
community service.
AB 2645 expands the locations which are covered by this provision
to include within 1000 feet of a school and on the grounds of or
within 1000 feet of a church or synagogue, playground, public or
private youth center, public swimming pool or on the grounds of a
public park during hours when the park is open to the public and
provides that the court shall generally require not to exceed 100
hours of community service as a condition of probation.
AB 2645 continues to appear to be consistent with the Board of
Supervisors ' war on drugs in that it broadens the number of
controlled substance offenses for which an additional enhancement
can be ordered when the offense occurs on the grounds of or
within 1000 feet of a school and expands the locations subject to
these additional penalties to include a playground, public or
private youth center, public swimming pool, church or synagogue.
As a result, it is recommended that the Board indicate its
continued support for AB ' 2645.
AB 2645is pending a hearing in the Assembly Judiciary Committee.
cc: Assemblywoman Delaine Eastin
County Administrator
District Attorney
Sheriff-Coroner l
Public Defender
County Probation Officer
Health Services Director
Drug Program Chief
Chair, Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates