BILL NUMBER: AB 2090 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 29, 2006
AMENDED IN ASSEMBLY APRIL 6, 2006
INTRODUCED BY Assembly Member Lieu
(Coauthors: Assembly Members Jones and Spitzer)
FEBRUARY 17, 2006
An act to add and repeal Section 11380.5 to the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2090, as amended, Lieu Controlled substances: public park or
oceanfront beach.
Existing law makes it a felony, punishable by imprisonment in the
state prison, to possess for sale or sell heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine (PCP).
This bill would provide that any person who is convicted of any of
these offenses, in addition to the punishment imposed for that
conviction, shall be imprisoned in the state prison for an additional
one year if the violation occurred upon the grounds of a public park
or oceanfront beach, including adjacent public parking lots and
sidewalks to a public park or oceanfront beach, and if no other
additional punishment is imposed pursuant to specified provisions of
the Uniform Controlled Substances Act. However, the bill would
provide that its provisions shall apply to a public park or
oceanfront beach only if the city council or county board of
supervisors having jurisdiction over the public park, public
library, or oceanfront beach adopts an ordinance
designating the public park or oceanfront beach as a "drug-free zone"
and notice of the bill's provisions is posted at the public park or
oceanfront beach. The bill would provide that any city council or
county board of supervisors that adopts an ordinance designating a
public park or oceanfront beach as a "drug-free zone" shall report
annually to the Legislature on the number of arrests, and the
disposition of each arrest, made in each "drug-free zone." This bill
would provide that these provisions would be repealed on January 1,
2010, as specified. Because this bill would provide for an additional
enhancement for a crime, and because it would require a local
government to make a report to the Legislature, it would impose 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11380.5 is added to the Health and Safety Code,
to read:
11380.5. (a) (1) Notwithstanding any other provision of law, any
person who is convicted of the possession for sale or the sale of
heroin, cocaine, cocaine base, methamphetamine, or phencyclidine
(PCP), in addition to the punishment imposed for that conviction,
shall be imprisoned in the state prison for an additional one year if
the violation occurred upon the grounds of a public park or
oceanfront beach.
(2) For the purposes of this section, a "public park or oceanfront
beach" includes adjacent public parking lots and sidewalks.
(3) For purposes of this section, a "public park" includes a
public swimming pool and a public youth center.
(b) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
(c) The additional punishment provided in this section shall not
be imposed in the event that any other additional punishment is
imposed pursuant to Section 11353.1, 11353.5, 11353.6, 11353.7, or
11380.1.
(d) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
(e) This section shall apply to a public park or oceanfront beach
only if the following conditions are satisfied:
(1) The city council or county board of supervisors having
jurisdiction over the public park or oceanfront beach adopts an
ordinance designating the public park , public library,
or oceanfront beach as a "drug-free zone" pursuant to this
section.
(2) Notice of this law is posted at the public park or oceanfront
beach.
(f) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.