AB 2045: Controlled substances: fentanyl trafficking penalties.

Session Year: 2023-2024
House: Assembly

Current Status:

Failed

(2024-05-16: In committee: Held under submission.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law makes it a crime to solicit or encourage a minor to commit specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors and imposes a punishment of imprisonment for a period of 3, 6, or 9 years. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of, or within certain locations, such as a church, synagogue, or a public swimming pool, among others, or on the grounds of, or within 1,000 feet of, public or private schools, as specified, subject to punishment with an additional enhancement in the state prison of one or 2 years.

This bill would increase the penalty for that crime as it relates to fentanyl to 5, 8, or 11 years and would make the above-described enhancement applicable to offenses involving fentanyl. fentanyl if the person had knowledge that the specific controlled substance involved was fentanyl.

Existing law, the Juvenile Drug Trafficking and Schoolyard Act of 1988, subjects a person 18 years of age or over who is convicted of possession for sale, sale or transportation, or manufacturing offenses involving specified controlled substances, including cocaine base, heroin, or methamphetamine, to an additional term of imprisonment for 3, 4, or 5 years if the offense takes place upon the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs.This bill would make the above-described enhancement applicable to those offenses as they relate to fentanyl.

By increasing the penalties for a crime, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing