BILL ANALYSIS
AB 2410
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2410 (Fuller)
As Amended August 2, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |71-0 |(April 26, |SENATE: |34-0 |(August 9, |
| | |2010) | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
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.
The Senate amendments require any protocols, policies and
standards developed pursuant to this bill to conform with
existing law, as specified.
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.
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 offense has been committed and
coordination with an appropriate investigation of that child's
welfare by child protective services. Protocols that
encourage dependency hearings, along with law enforcement
investigation, are in the best interests of the child.
3)States that the use of the word "narcotics," unless otherwise
specified, is defined as any drug listed in Schedules I and
II.
AB 2410
Page 2
4)Provides that hallucinogens are a controlled substance listed
in Schedule I.
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.
6)Provides that cocaine is a controlled substance listed in
Schedule II.
7)Provides that PCP 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.
8)Provides that heroin is a controlled substance listed in
Schedule I, which includes opium derivatives, its salts,
isomers, and salts of isomers.
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, PCP, 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.
AS PASSED BY THE ASSEMBLY , this bill expanded 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)Encouraged 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 expanded list includes hallucinogens,
methamphetamine, cocaine, phencyclidine (PCP), and heroin.
2)Clarified 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.
AB 2410
Page 3
FISCAL EFFECT : None
COMMENTS : According to the author, "AB 2410 is necessary to
protect children from a parent or [guardian] who is using or is
suspected of using [hallucinogenics] such as methamphetamine,
cocaine, PCP, and heroin. Exposing children 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0005525