HomeMy WebLinkAboutMINUTES - 06261990 - 1.35 R
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TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
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June 14 1990 Y
DATE: � rT'9 CpON'�
SUBJECT: LEGISLATION: AB 3744 (Elder)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONMUMATION
Indicate that the Board of Supervisors continues to SUPPORT AB
3744 by Assemblyman Elder which would expand the facilities
covered by the provision providing for a penalty enhancement of
3 , 4, or 5 years if controlled substance offenses occur on the
grounds of or within 1000 feet of a school to include churches or
synagogues. The bill also adds church and synagogue schools to
those 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:
On June 19, 1990 the Board of Supervisors voted to support AB
3744 as the bill was introduced. On May 15, 1990 the bill was
amended.
Current law makes it a felony, punishment 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
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 2 6 . 1990 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.
CC: ATTESTED JUN 2 6 1990
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY DEPUTY
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 amended May
15, 1990, AB 3744 would expand the above provision to make it a
felony to engage in these activities on the grounds of any church
or synagogue school.
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 continued 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