BILL NUMBER: AB 136	CHAPTERED
	BILL TEXT

	CHAPTER   762
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Mazzoni
   (Principal coauthors:  Assembly Members Migden and Shelley)
   (Coauthors:  Assembly Members Aroner, Hertzberg, Keeley, Knox,
Kuehl, Lempert, Longville, Romero, Steinberg, Washington, Wesson, and
Wiggins)
   (Coauthor:  Senator Solis)

                        JANUARY 11, 1999

   An act to amend Section 11364.7 of the Health and Safety Code,
relating to distribution of needles and syringes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 136, Mazzoni.   Drug paraphernalia:  clean needle and syringe
exchange projects.
   Existing law makes it a misdemeanor to furnish drug paraphernalia,
knowingly, or under circumstances when one reasonably should know,
that it will be used to inject or introduce into the human body a
controlled substance.
   This bill would exempt from criminal prosecution public entities
and their agents and employees who distribute hypodermic needles or
syringes to participants in clean needle and syringe exchange
projects authorized by the public entity pursuant to a declaration of
a local emergency due to the existence of a critical local public
health crisis.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11364.7 of the Health and Safety Code is
amended to read:
   11364.7.  (a) Except as authorized by law, any person who
delivers, furnishes, or transfers, possesses with intent to deliver,
furnish, or transfer, or manufactures with the intent to deliver,
furnish, or transfer, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance, except as provided in
subdivision (b), in violation of this division, is guilty of a
misdemeanor.
   No public entity, its agents, or employees shall be subject to
criminal prosecution for distribution of hypodermic needles or
syringes to participants in clean needle and syringe exchange
projects authorized by the public entity pursuant to a declaration of
a local emergency due to the existence of a critical local public
health crisis.
   (b) Except as authorized by law, any person who manufactures with
intent to deliver, furnish, or transfer drug paraphernalia knowing,
or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body cocaine, cocaine base, heroin,
phencyclidine, or methamphetamine in violation of this division shall
be punished by imprisonment in a county jail for not more than one
year, or in the state prison.
   (c) Except as authorized by law, any person, 18 years of age or
over, who violates subdivision (a) by delivering, furnishing, or
transferring drug paraphernalia to a person under 18 years of age who
is at least three years his or her junior, or who, upon the grounds
of a public or private elementary, vocational, junior high, or high
school, possesses a hypodermic needle, as defined in paragraph (7) of
subdivision (a) of Section 11014.5, with the intent to deliver,
furnish, or transfer the hypodermic needle, knowing, or under
circumstances where one reasonably should know, that it will be used
by a person under 18 years of age to inject into the human body a
controlled substance, is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail for not more than one year,
by a fine of not more than one thousand dollars ($1,000), or by both
that imprisonment and fine.
   (d) The violation, or the causing or the permitting of a
violation, of subdivision (a), (b), or (c) by a holder of a business
or liquor license issued by a city, county, or city and county, or by
the State of California, and in the course of the licensee's
business shall be grounds for the revocation of that license.
   (e) All drug paraphernalia defined in Section 11014.5 is subject
to forfeiture and may be seized by any peace officer pursuant to
Section 11471.
   (f) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of this section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.