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Home My WebLink AboutMINUTES - 07101990 - 1.71 TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator Costa County DATE: July 3, 1990 SUBJECT: LEGISLATION: AB 2645 (Epple, et al) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Continue the Board' s position in SUPPORT of AB 2645 by Assemblyman Bob Epple and 29 co-authors which expands the number of drug offenses for which increased penalties are imposed when committed within 1000 feet of a school or on the grounds of a 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 the minor, 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 on the grounds of 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 June 19, 1990 the Board of Supervisors voted to continue their support for the bill as amended May 24, 1990 at which time the bill was taken over by Assemblyman Epple. On May 29, 1990 the bill was amended again, and now does all of the following: CONTINUED ON ATTACHMENTYeS-YES SIGNATURE: I6&,,eet::�6 IL�j(' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -Y—APPROVE APPROVE OTHER SIGNATURES: �4w ACTION OF BOARD ON ,T111Y 1 0, 1990 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT 1 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 zo I If G Please see Page 4. PHIL aTCHELJCLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10!88) BY DEPUTY -2- Increases the punishment by imprisonment in the state prison to 3 , 6 or 9 years, for a person 18 years of age or older to involve a minor in specified unlawful acts with respect to specified controlled substances. 2. In addition to the above punishment, 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 or within any church, synagogue, playground, public or private youth center or public swimming pool during hours in which the facility is open for business, classes or school-related programs, the defendant shall receive a full and separately served enhancement of two years. 3 . If any of the above offenses occurred on the grounds of or within 1000 feet of any school `during hours the school is open for classes or school-related programs, the defendant shall serve a full and separately served enhancement of two years. This provision applies to public areas and business establishments where minors are legally permitted to conduct business. 4. Continues the existing provision of law which provides that in addition to any other punishment noted above, if the minor is at least four years younger than the defendant, the defendant can, at the discretion of the court, be sentenced to an additional punishment of one, two, or three years. 5. The bill also provides definitions of "playground" , "youth center" , "video arcade" and "video game machine" for purposes of the above .provisions. 6. Under current law, if an adult prepares any controlled substance for sale to a minor at least five years younger than the defendant on school grounds or the grounds of a public playground they can be punished by an additional term of imprisonment of five, seven or nine years. This bill would add the preparation of these substances for sale on the grounds of a church or synagogue as locations where the additional punishment can be applied. 7. Under current law, if an adult sells or gives away a controlled substance to a minor who is at least five years younger than the defendant on the grounds of or within any school providing instruction in kindergarten or grades 1 - 12 during hours when the school is open for classes or school-related programs for minors are being conducted, or on the grounds of any public playground during the hours when school-related programs for minors are being conducted, the defendant is to be punished by an additional term of imprisonment of five, seven, or nine years. This bill adds on the grounds of or within any public playground, church or synagogue providing instruction in kindergarten or grades 1 - 12 during the hours when those facilities are open for classes or school-related programs, as places where if the sale or giving away of controlled substances takes place the additional punishment would apply. 8. Under current law, the additional punishment outlined in items 6 & 7 above applies in regard to any controlled substance. This bill would exclude from these two provisions those controlled substances which are covered in two specified section of existing law. -3- 9. 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 to include soliciting, inducing, encouraging or intimidating a minor to violate any law relating to cocaine, and adds on the grounds of a church, synagogue, playground, public or private youth center or public swimming pool if the offense occurred during hours the facilities are open for business, classes or school-related programs. The bill specifies that that this provision applies to public areas and business establishments where minors are legally permitted to conduct business. 10. The bill continues the current provision of law which provides an additional sentence enhancement of 3 , 4, or 5 years in state prison when the defendant is convicted of any of the offenses contained in item 9 above and the minor involved was at least four years younger than the defendant. 11. Under current law it is a felony, punishable by imprisonment in the state prison. for 3 , 6, or 9 years for any person to unlawfully prepare for sale and to sell to minors controlled substances in public parks, including units of the state park system and state vehicular recreation areas. The bill would clarify that this specific provision does not apply to playgrounds situated in public parks which are governed by other provisions in the bill as noted above. 12. Existing law prohibits the possession of an opium pipe or other specified drug paraphernalia used for injecting or smoking specified controlled substances. This bill would also prohibit the possession of specified drug paraphernalia used for injecting or smoking methamphetamine. 13 . 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 ofprobation, not less than 40 hours of community service. This bill includes additional controlled substance offenses and would include offenses involving any defined toluene or defined. dangerous drug within the scope of its provisions. The bill would also extend these provisions to apply to unlawfully possessing controlled substances on the grounds of any playground, public or private youth center, or public swimming pool rather than only on school grounds and when the described facilities are open for business rather than only during hours in -which the school is open for classes or school-related activities. The bill also increases the minimum community service which a minor can be ordered to do as a condition of probation from not less than 40 hours to not more than .100 hours. AB 2645 continues to appear to be consistent with the Board of Supervisors' war on drugs in that it -broadens the number of -4- 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 2645 passed the Assembly Judiciary Committee May 29, 1990 by a vote of 8 : 0. The bill passed the Assembly Ways and Means Committee on June 13 , 1990 by a vote of 16: 2 and the full Assembly on June 14, 1990 by a vote of 71: 1. The bill is now on referral to the Senate Judiciary Committee where it was scheduled to be heard July 3, 1990. cc: Assemblyman Bob Epple County Administrator District Attorney Sheriff-Coroner Public Defender County Probation Officer Health Services Director Drug Program Chief Chair, Drug Abuse Advisory Board Les Spahnn, SRJ. Jackson, Barish & Associates