BILL ANALYSIS
AB 2410
Page 1
Date of Hearing: April 13, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2410 (Fuller) - As Introduced: February 19, 2010
As Proposed to be Amended in Committee
SUMMARY : Expands the list of drugs for which a joint
investigation between law enforcement and social service
agencies is triggered when a child is present at a crime scene.
Specifically, this bill:
1)Encourages law enforcement and social service agencies to
develop, adopt, and implement written policies and standards
for their response to narcotics crime scenes where a child is
either immediately present or where there is evidence that a
child lives. The new expended list includes hallucinogens,
methamphetamine, cocaine, phencyclidine (PCP), and heroin.
2)Clarifies that removal of a child from a crime scene involving
the expanded list of drugs where there is an immediate threat
to the child's health or safety, is in the best interests of
the child.
EXISTING LAW :
1)Recognizes that exposing a child to the manufacturing,
trafficking, and use of narcotics is criminal conduct and that
a response coordinated by law enforcement and social services
agencies is essential to the child's health and welfare and
encourages law enforcement and social services to develop,
adopt, and implement written policies and standards for their
response to narcotics crime scenes where a child is either
immediately present or where there is evidence that a child
lives. [Penal Code Section 13879.80(a).]
2)States that the needs of children exposed to narcotics crime
scenes are best served by written policies encouraging the
arrest of an individual for child endangerment where there is
probable cause that an offence has been committed and
coordination with an appropriate investigation of that child's
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welfare by child protective services. Protocols that
encourage dependency hearings, along with law enforcement
investigation, are in the best interests of the child. [Penal
Code Section 13978.80(b).]
3)States that the use of the word "narcotics," unless otherwise
specified, is defined as any drug listed in Schedules I and
II. (Health and Safety Code Section 11032.)
4)Provides that hallucinogens are a controlled substance listed
in Schedule I. [Health and Safety Code Section 11054(d).]
5)Provides that methamphetamine is a controlled substance listed
in Schedule II, which includes any material, compound,
mixture, or preparation having a stimulant effect on the
central nervous system. [Health and Safety Code Section
11055(d)(2).]
6)Provides that cocaine is a controlled substance listed in
Schedule II. [Health and Safety Code Section 11055(d)(2).]
7)Provides that phencyclidine is a controlled substance listed
in Schedule II, which includes any material, compound,
mixture, or preparation having a depressant effect on the
central nervous system. [Health and Safety Code Section
11055(e)(3).]
8)Provides that heroin is a controlled substance listed in
Schedule I, which includes opium derivatives, its salts,
isomers, and salts of isomers. [Health and Safety Code
Section 11054(c)(11).]
9)States any person who manufactures, compounds, produces,
converts, produces, derives, processes or prepares, any
controlled substance specified in Schedules I or II, including
hallucinogens, methamphetamine, cocaine, phencyclidine, and
heroin, is guilty of a felony, punishable by imprisonment in
the state prison for three, five or seven years and by a fine
of up to $50,000. [Health and Safety Code Section
11379.6(a).]
10)States that any person who possesses a combination of
specified chemicals at the same time with the intent to
manufacture phencyclidine is guilty of a felony, punishable by
imprisonment in the state prison for two, four, or six years,
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unless they are licensed dug manufacturers or authorized by a
regulation of the Board of Pharmacy to do so. (Health and
Safety Code Section 11383).
11)States that any person who possesses a combination of
specified chemicals at the same time with the intent to
manufacture methamphetamine is guilty of a felony, punishable
by imprisonment in the state prison for two, four, or six
years, unless they are licensed dug manufacturers or
authorized by a regulation of the Board of Pharmacy to do so.
(Health and Safety Code Section 11383.5).
12)States that any person who possesses a combination of
specified chemicals with intent to sell, transfer or furnish
those chemicals to another person with the intent to
manufacture phencyclidine is guilty of a felony, punishable by
imprisonment in the state prison for 16 months, two or three
years. (Health and Safety Code Section 11383.6)
13)States that any person who possesses a combination of
specified chemicals with intent to sell, transfer or furnish
those chemicals to another person with the intent to
manufacture methamphetamine is guilty of a felony, punishable
by imprisonment in the state prison for 16 months, two or
three years. (Health and Safety Code Section 11383.7)
14)Provides that, if any person convicted of manufacturing, or
possessing the substances to manufacture methamphetamine or
phencyclidine, when the commission or attempted commission of
the crime occurs in a structure where any child under 16 years
of age is present, shall receive an additional term of two
years in state prison. [Health and Safety Code Section
11379.7(a).] Where such crime caused great bodily injury to a
child under 16 years, the defendant shall receive an
additional five years in state prison. [Health and Safety
Code Section 11379.7(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2410 is
necessary to protect children from a parent or gaurdian who is
using or is suspected of using hallucengenics such as
methamphetamine, cocaine, PCP, and heroin. Exposing children
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to narcotics is not only harmful to their health and
livelihood it is potentially life threatening when a child is
left in the care of an individual who is using hallucinogens."
2)Background : According to background information provided by
the author, "Existing law encourages law enforcement and
social services agencies in California to develop written
policies and standards for their response to narcotics crime
scenes where a child is present. The specification of
narcotics excludes crime scenes involving hallucinogens,
methamphetamine, cocaine, PCP, and heroin. AB 2410 amends
current law to include hallucinogens."
3)Argument in Opposition : According to the Children's Law
Center of Los Angeles , "The purpose of Penal Code 13879.80
is to encourages cooperation between law enforcement and child
welfare agencies in responding to drug crime scenes at which
children are present. Pursuant to this statute, when police
find children at a home where they are conducting a
drug-related search and seizure, they call upon county child
welfare agency caseworkers to assess the safety of the
children and make arrangements for their care if necessary.
"In these situations, as in all other cases, existing law
requires child welfare caseworkers to release children to a
parent or responsible relative, and not to detain the child in
foster unless there are no other means to ensure the child's
safety. Welf. & Inst. Code 309. This is consistent with
the overall emphasis in the dependency laws on keeping
children safe with their parents or relatives whenever
possible, and only taking the extreme and traumatic step of
separating children from their homes and families when there
are no other reasonable means of ensuring their safety. See,
e.g., Welf. & Inst. Code 309, 319, 361.2, 361.3, 366.21.
"AB 2410 is inconsistent with this overall statutory scheme, and
would carve out an arbitrary exception for 'crime scene'
cases. Such an exception is unnecessary, because existing law
clearly provides for removal of children from any situation in
which their health or safety cannot be ensured - and it is
also harmful, because it would lead to needless and traumatic
disruption of children's lives?
"Thus, AB 2410 would encourage the hasty and needless removal of
children from their homes even where there is no remaining
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safety risk in the home and there is a responsible a parent or
relative who could care for the children."
4)Prior Legislation : SB 496 (Alpert), Chapter 75, Statutes of
2003, encourages law enforcement and social services agencies
develop, adopt, and implement written policies and standards
for their response to narcotics crime scenes where a child is
either immediately present or where there is evidence that a
child lives.
REGISTERED SUPPORT / OPPOSITION :
Support
California Peace Officers' Association
California Police Chiefs Association
Peace Officers Research Association of California
Crime Victims United of California
Opposition
American Civil Liberties Union
Children's Law Center of Los Angeles
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744