Bill Text: CA SB226 | 2023-2024 | Regular Session | Amended

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Bill Title: Controlled substances: armed possession: fentanyl.

Spectrum: Slight Partisan Bill (Republican 13-6)

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB226 Detail]

Download: California-2023-SB226-Amended.html

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Amended  IN  Assembly  July 03, 2024

Amended  IN  Assembly  June 13, 2023

Amended  IN  Senate  March 08, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 226

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Introduced by Senator Alvarado-Gil
(Coauthors: Senators Archuleta, Ochoa Bogh, Seyarto, Umberg, and Wilk)
(Coauthors: Assembly Members Alanis, Chen, Davies, Dixon, Essayli, Flora, Hoover, Lackey, Stephanie Nguyen, Blanca Rubio, Soria, Waldron, and Wallis)

January 19, 2023

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An act to amend Section 11370.1 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 226, as amended, Alvarado-Gil. Controlled substances: armed possession: fentanyl.

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 fentanyl, as specified, while armed with a loaded and operable firearm. firearm if the person has knowledge that the specific controlled substance is fentanyl.

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: YES  

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Bill 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 law, law and except as provided in paragraph (2), a person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.

(2) When the substance possessed pursuant to paragraph (1) is one containing fentanyl, the person shall have knowledge that the specific controlled substance possessed is fentanyl.

(b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.

(c) As used in subdivision (a), “armed with” means having available for immediate offensive or defensive use.

(d) Any 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.

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.