Bill Text: CA SB19 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fentanyl Misuse and Overdose Prevention Task Force.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 857, Statutes of 2023. [SB19 Detail]

Download: California-2023-SB19-Amended.html

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Amended  IN  Assembly  September 01, 2023

Amended  IN  Assembly  June 22, 2023

Amended  IN  Senate  March 07, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 19

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Introduced by Senator Seyarto
(Coauthors: Senators Ochoa Bogh, Umberg, and Wilk)
(Coauthors: Assembly Members Chen and Gallagher)

December 05, 2022

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An act to add and repeal Section 11455 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 19, as amended, Seyarto. Anti-Fentanyl Abuse Task Force.

Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also requires a local health officer to assume that the fentanyl manufacturing process has led to some degree of chemical contamination and take action, as prescribed, if a fentanyl laboratory activity has taken place at a property.

This bill would, upon appropriation by the Legislature, establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be chaired by the Attorney General, or their designee, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to report its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 11455 is added to the Health and Safety Code, to read:

11455.

 (a) Upon appropriation by the Legislature, there is hereby established the Anti-Fentanyl Abuse Task Force to do the following, to the extent feasible:

(1) Collect and organize data on the nature and extent of fentanyl abuse in California.

(2) Examine collaborative models between government and nongovernmental organizations for protecting persons who misuse fentanyl or other illicit substances that may contain fentanyl, and develop policy recommendations on the implementation of evidence-based practices to reduce fentanyl overdoses, including, without limitation, overdose prevention centers, fentanyl testing strip distribution, and access to overdose reversal treatments.

(3) Measure and evaluate the progress of the state in preventing fentanyl abuse and death from the intentional use of fentanyl or the unintentional use of illicit substances containing fentanyl, protecting and providing assistance to persons who misuse fentanyl or other illicit substances that may contain fentanyl, and prosecuting persons engaged in the illegal manufacture, sale, and trafficking of fentanyl.

(4) Evaluate approaches to increase public awareness of fentanyl abuse.

(5) Analyze existing statutes for their adequacy in addressing fentanyl abuse and, if the analysis determines that those statutes are inadequate, recommend revisions to those statutes or the enactment of new statutes that specifically define and address fentanyl abuse.

(6) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent fentanyl abuse and death from the intentional use of fentanyl or the unintentional use of illicit substances containing fentanyl, protect and assist persons who misuse fentanyl or other illicit substances that may contain fentanyl, and prosecute individuals engaged in the illegal manufacture, sale, and trafficking of fentanyl.

(b) The task force shall be chaired by the Attorney General or their designee. The Department of Justice shall provide staff and support for the task force, to the extent that resources are available.

(c) The members of the task force shall serve at the pleasure of the respective appointing authority. Reimbursement of necessary expenses may be provided at the discretion of the respective appointing authority or agency participating in the task force. The task force shall be comprised of the following representatives or their designees:

(1) The Attorney General.

(2) The Chairperson of the Judicial Council of California.

(3) The Director of the State Department of Public Health.

(4) The Director of the State Department of Health Care Services.

(5) One Member of the Senate, appointed by the Senate Rules Committee.

(6) One Member of the Assembly, appointed by the Speaker of the Assembly.

(7) One representative from the California District Attorneys Association.

(8) One representative from the California Public Defenders Association.

(9) One representative from the California Hospital Association.

(10) One representative from the California Society of Addiction Medicine.

(11) One representative from the County Health Executives Association of California.

(12) Three representatives of law enforcement, one selected by the California State Sheriffs’ Association, one selected by the California Police Chiefs’ Association, and one selected by the Department of the California Highway Patrol.

(13) One representative from a community organization representing persons suffering from opioid use disorder, appointed by the Governor.

(14) The Governor shall appoint one university researcher and one mental health professional.

(15) The Superintendent of Public Instruction shall appoint one representative of a local educational agency.

(16) The Speaker of the Assembly shall appoint one representative from an organization that provides services to homeless individuals and one representative from an organization that serves persons who misuse fentanyl or other illicit substances that may contain fentanyl in southern California.

(17) The Senate Rules Committee shall appoint one representative from an organization that provides services to homeless individuals and one representative from an organization that serves persons who misuse fentanyl or other illicit substances that may contain fentanyl in northern California.

(18) The Governor shall appoint one person in recovery from fentanyl or opioid abuse, and one person who has lost a family member to a fatal fentanyl overdose.

(d) Whenever possible, members of the task force shall have experience providing services to persons who misuse fentanyl or other illicit substances that may contain fentanyl or have knowledge of fentanyl abuse issues.

(e) The task force shall meet at least once every two months. Subcommittees may be formed and meet as necessary. All meetings shall be open to the public. The first meeting of the task force shall be held no later than March 1, 2024.

(f) (1) On or before July 1, 2025, the task force shall report its findings and recommendations to the Governor, the Attorney General, and the Legislature. At the request of any member, the report may include minority findings and recommendations.

(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(g) For the purposes of this section, “fentanyl abuse” means the use of fentanyl or products containing fentanyl in a manner or with a frequency that negatively impacts one or more areas of physical, mental, or emotional health.

(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.