CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1350

Introduced by Senator Melendez
(Coauthors: Senators Bates, Grove, Jones, Nielsen, Ochoa Bogh, and Wilk)
(Coauthors: Assembly Members Chen, Choi, Lackey, Mathis, Patterson, and Seyarto)

February 18, 2022

An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 1350, as introduced, Melendez. Controlled substances: homicide resulting from the illegal furnishing of a controlled substance.
Existing law prohibits the possession, transportation, importation, sale, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl.
Existing law defines manslaughter as the unlawful killing of a human being without malice. Under existing law, manslaughter is punishable as a felony.
This bill would provide that if a person who sells, furnishes, administers, or gives a controlled substance to another person where the injection, ingestion, inhalation, or absorption of that controlled substance by the person receiving that controlled substance proximately causes that person’s death, the person who provided the controlled substance is guilty of involuntary manslaughter, as specified.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11369 is added to the Health and Safety Code, to read:

11369.
 (a) If a person sells, furnishes, administers, or gives a controlled substance to another person in violation of Section 11352, and the injection, ingestion, inhalation, or absorption of that controlled substance by the person who purchases or receives the controlled substance proximately causes their death, the person who sold, furnished, administered, or gave that controlled substance has committed involuntary manslaughter as defined in subdivision (b) of Section 192 of the Penal Code, and, upon conviction, shall be punished pursuant to subdivision (b) of Section 193.5 of the Penal Code.
(b) This section does not limit prosecution for an act described in this section under any other provision of law.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.