SB 212, as introduced, Mendoza. Controlled substances: enhanced penalties.
Existing law, the Juvenile Drug Trafficking and Schoolyard Act of 1988, provides that any person 18 years of age or over who is convicted of specified drug offenses is subject to an additional punishment of 3, 4, or 5 years imprisonment, at the court’s discretion, where 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. Existing law defines “within 1,000 feet of a public or private elementary, vocational, junior high, or high school,” as a public area or business establishment where minors are legally permitted to conduct business that is located within 1,000 feet of a public or private elementary, vocational, junior high, or high school.
This bill would include a public or private preschool within the provisions described above. The bill would define “preschool” as a school for children under 6 years of age. The bill would delete the definition of “within 1,000 feet a public or private elementary, vocational, junior high, or high school” described above, and instead define “within 1,000 feet of a public or private preschool, elementary, vocational, junior high, or high school” as a public or private area that is located within 1,000 feet of a public or private preschool, elementary, vocational, junior high, or high school. By expanding the scope of an existing crime, the bill 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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11353.6 of the Health and Safety Code
2 is amended to read:
(a) This section shall be known, and may be cited,
4as the Juvenile Drug Trafficking and Schoolyard Act of 1988.
5(b) Any person 18 years of age or over who is convicted of a
6violation of Section 11351.5, 11352, or 11379.6, as those sections
7apply to paragraph (1) of subdivision (f) of Section 11054, or of
8Section 11351, 11352, or 11379.6, as those sections apply to
9paragraph (11) of subdivision (c) of Section 11054, or of Section
1011378, 11379, or 11379.6, as those sections apply to paragraph
11(2) of subdivision (d) of Section 11055, or of a conspiracy to
12commit one of those offenses, where the violation takes place upon
13the grounds of, or within 1,000 feet of, a public or private
14begin insert
preschool,end insert
elementary, vocational, junior high, or high school
15during hours that the school is open for classes or school-related
16programs, or at any time when minors are using the facility where
17the offense occurs, shall receive an additional punishment of three,
18four, or five years at the court’s discretion.
19(c) Any person 18 years of age or older who is convicted of a
20violation pursuant to subdivision (b) which involves a minor who
21is at least four years younger than that person, as a full and
22separately served enhancement to that provided in subdivision (b),
23shall be punished by imprisonment pursuant to subdivision (h) of
24Section 1170 of the Penal Code for three, four, or five years at the
25court’s discretion.
26(d) The additional terms provided in this section shall not be
27imposed unless the allegation is charged in the accusatory pleading
28and admitted or found to be true
by the trier of fact.
P3 1(e) The additional terms provided in this section shall be in
2addition to any other punishment provided by law and shall not
3be limited by any other provision of law.
4(f) Notwithstanding any other provision of law, the court may
5strike the additional punishment for the enhancements provided
6in this section if it determines that there are circumstances in
7mitigation of the additional punishment and states on the record
8its reasons for striking the additional punishment.
9(g) “Within 1,000 feet of a public or private elementary,
10vocational, junior high, or high school” means any public area or
11business establishment where minors are legally permitted to
12conduct business which is located within 1,000 feet of any public
13or private elementary, vocational, junior high, or high
school.
14(g) For purposes of this section, the following definitions shall
15apply:
16(1) “Preschool” means a school for children under six years
17of age.
18(2) “Within 1,000 feet of a public or private preschool,
19elementary, vocational, junior high, or high school” means a
20public or private area that is located within 1,000 feet of a public
21or private preschool, elementary, vocational, junior high, or high
22school.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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