BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                   AB 136|
|Office of Senate Floor Analyses   |                         |
|1020 N Street, Suite 524          |                         |
|(916) 445-6614         Fax: (916) |                         |
|327-4478                          |                         |
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                       THIRD READING
                              

Bill No:  AB 136
Author:   Mazzoni (D), et al
Amended:  9/3/99 in Senate
Vote:     21

  
  SENATE INSURANCE COMMITTEE  :  Not Relevant

  SENATE JUDICIARY COMMITTEE  :  Not Relevant

  SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

  ASSEMBLY FLOOR  :  Not Relevant
 

  SUBJECT  :    Drug paraphernalia:  clean needle and syringe  
exchange
            projects

  SOURCE  :     Author

 
  DIGEST  :    This bill exempts from criminal prosecution  
public entities and their agents and employees who  
distribute hypodermic needles on syringes to participants  
in clean needle and syringe 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.

NOTE:  The votes are not relevant because the bill was  
recently amended taking out prior version of the bill  
relating to health care coverage and independent review  
thereof.
                                                 CONTINUED





                                                      AB 136
                                                       Page  
2


  ANALYSIS  :    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.

  Related legislation  

AB 518 (Mazzoni), which is on the Assembly Floor, allows  
cities and counties to adopt needle exchange programs  
(NEPs) in consultation with the State Department of Health  
Services.  Providers and users under that bill are not to  
be subject to criminal prosecution for possession of  
syringes or needles during participation in NEPs.  It  
passed the Senate on 8/24/99.  Senate Floor vote:

AYES:  Alarcon, Alpert, Bowen, Burton, Chesbro, Escutia,  
  Figueroa, Hayden, Hughes, Johnston, Karnette, McPherson,  
  Murray, Ortiz, Perata, Polanco, Schiff, Sher, Solis,  
  Speier, Vasconcellos
NOES:  Brulte, Costa, Dunn, Haynes, Johannessen, Johnson,  
  Kelley, Knight, Leslie, Lewis, Monteith, Morrow,  
  Mountjoy, O'Connell, Peace, Poochigian, Rainey, Wright
NOT VOTING:  Baca

  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes


DLW:sl  9/4/99   Senate Floor Analyses 

             SUPPORT/OPPOSITION:  NONE RECEIVED

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