HomeMy WebLinkAboutMINUTES - 06051990 - 1.65 J�OG5
TO: BOARD OF SUPERVISORS SE-L
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FROM:
Phil Batchelor, County Administrator ,;' + - Costa
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DATE: May 30 , 1990 County
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SUBJECT: LEGISLATION - SB 2112 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Indicate that the Board of Supervisors continues to be in SUPPORT
of SB 2112 by Senator Boatwright which would expand the number of
controlled substance offenses, the conviction of which within
1000 feet of a school carries enhanced penalties, includes
colleges, universities and public parks and eliminates ignorance
of the law and other factors as a defense.
BACKGROUND:
On March 20, 1990 the Board of Supervisors voted to support SB
2112. On April 17, 1990 the Board of Supervisors voted to
continue their support for SB 2112 as it was amended on March 28 ,
1990 . On May 2, 1990 the bill was again amended.
Under current law if a person over the age of 18 is convicted of
transporting, selling, furnishing, giving away, possessing for
sale or purchasing for sale cocaine base, the individual can
receive an additional 3 ,4 or 5 years in state prison if the
offense takes place on the grounds of or within 1000 feet of a
public or private elementary, vocational, junior high school or
high school.
Senator Boatwright has introduced SB 2112 which, as amended May
2, 1990, expands this provision to include a wide variety of
controlled substance violations. The bill also expands the
schools which are covered to include colleges and universities.
In addition, the bill includes such offenses when they occur on
CONTINUED ON ATTACHMENT:VPS_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONJune 5 , 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 S //
PHIL BATC LOR,CLERK OF THE BOARD OF
Please See Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88)
DEPUTY
the premises of any public park. The enhanced penalty of 3 , 4 or
5 years would therefore apply whenever an individual over the age
of 18 is convicted of an expanded range of offenses dealing with
controlled substance within 1000 feet of any public or private
school, college or university or on the premises of any public
park.
In addition, SB 2112 provides that it shall be no defense to a
prosecution of these offenses that the defendant was unaware that
the prohibited conduct took place while on or within 1000 feet of
a school, college or university or on the premises of any public
park. In addition, the bill provides that it is not a defense
that no juveniles were present on the school, college or
university property or on the premises of any public park at the
time of the offense or that the school, college or university was
not in session or that signs were not posted warning of the
prohibited conduct.
The May 2 , 1990 amendments change the range of offenses which are
covered and eliminates the 1000 yard limit which had been
proposed for the 1000 foot limit.
Since SB 2112 is similar to a proposal included in the Board of
Supervisors ' 1990 Legislative Program in that it substantially
increases the circumstances in which an enhanced penalty can be
imposed for controlled substance offenses which occur on or near
a school or public park, the bill appears to further the Board of
Supervisors ' war on drugs. It is therefore recommended that the
Board of Supervisors indicate its continued support for SB 2112.
SB 2112 passed the Senate Judiciary Committee April 24, 1990 by a
vote of 8 : 0 . The bill passed the Senate Appropriations Committee
May 21, 1990 by a vote of 11: 0 and is currently on the third
reading file on the Senate Floor.
cc: Senator Daniel Boatwright
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