Bill Text: CA AB675 | 2023-2024 | Regular Session | Amended
Bill Title: Controlled substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB675 Detail]
Download: California-2023-AB675-Amended.html
Amended
IN
Assembly
May 03, 2023 |
Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 675
Introduced by Assembly Member Soria |
February 13, 2023 |
An act to amend Section 11370.1 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 675, as amended, Soria.
Controlled substances.
Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.
This bill would additionally prohibit the possession of a heroin analog, fentanyl, and a fentanyl analog while armed with a loaded and operable firearm. The bill would require that, for purposes of this crime, a person possessing a substance containing fentanyl or a fentanyl
analog must have knowledge that the substance is fentanyl or a fentanyl analog. By expanding the application of an existing crime, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11370.1 of the Health and Safety Code is amended to read:11370.1.
(a) (1) Notwithstanding Section 11350 or 11377 or any other provision of(2) Where the substance possessed is one containing fentanyl or containing a fentanyl analog, the person must have knowledge that the specific controlled substance possessed is fentanyl or a fentanyl analog.
As
(3) As used in this subdivision, “armed with” means
having available for immediate offensive or defensive use.
(b) Any A person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.