HomeMy WebLinkAboutMINUTES - 06191990 - 1.48 ;s
TO: BOARD OF SUPERVISORS sL Contra
�r
FROM: Costa
Phil Batchelor, County Administrator _ -s
..::_ � County
DATE: June 11, 1990
SUBJECT: LEGISLATION: AB 3744 (Elder)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position in SUPPORT of AB 3744 by Assemblyman Elder which
would expand the facilities covered by the provision providing
for a penalty enhancement if controlled substance offenses occur
within 1000 feet of a school to include churches or synagogues
and makes such offenses a felony if committed within 1000 feet of
a church or synagogue. The bill also adds churches and synagogues
to schools and playgrounds as places where if an adult prepares
for sale, sells or gives away a controlled substance to a minor
who is at least five years younger than the defendant the
punishment shall include imprisonment in a state prison for 5, 7 ,
or 9 years.
BACKGROUND
Current law makes it a felony, punishable by imprisonment in the
state prison for 5 , 7 or 9 years, for any person 18 years of age
or older to unlawfully prepare for sale, sell or give away any
controlled substance to a minor under the age of 18 years who is
at least 5 years younger than the defendant, within or on the
grounds of a school during hours when the school is open for
classes or school-related programs or on the grounds of a public
playground during the hours when school-related programs for
minors are being conducted.
AB 3744 has been introduced by Assemblyman Elder. As introduced,
AB 3744 would expand the above provision to make it a felony to
CONTINUED ON ATTACHMENT:Y@S YES SIGNATURE: 1'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
26-
ACTION OF BOARD ON June 19, 199U APPROVED AS RECOMMENDED 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. ,,re,,
CC: ATTESTED L/
PHIL CHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY
(10/88)
M382 DEPUTY
engage in these activities on the grounds of any church or
synagogue or any property used for church-related programs for
minors.
Current law also provides that any person 18 years of age or
older who is convicted of specified offenses on the grounds of or
within 1000 feet of a public or private school is punishable by
an additional term of imprisonment of 3 , 4, or 5 years, at the
court' s discretion.
AB 3744 would also impose the additional term of imprisonment on
any person 18 years. of age or older who is convicted of those
specified controlled substance offenses or a conspiracy to commit
those offenses, on the grounds of or within 1000 feet of a church
or synagogue.
AB 3744 appears to be consistent with the Board of Supervisors
Alcohol and Drug Action Plan in that it increases the punishment
for specified controlled substance offenses by an adult which
involve a child. It is therefore recommended that the Board of
Supervisors indicate its support for AB 3744.
AB3744 passed the Assembly Public Safety Committee by a vote of
6: 0 on May 8, 1990 and is currently on referral to the Assembly
Ways and Means Committee.
cc: Assemblyman Elder
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
,Les Spahnn, SRJ. Jackson, Barish & Associates