BILL NUMBER: AB 104	CHAPTERED  09/28/93
	BILL TEXT

	CHAPTER   551
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1993
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1993
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1993
	PASSED THE SENATE   AUGUST 31, 1993
	AMENDED IN SENATE   JULY 12, 1993
	AMENDED IN ASSEMBLY   FEBRUARY 18, 1993

INTRODUCED BY  Assembly Member Quackenbush
   (Coauthors:  Assembly Members Peace and Umberg)

                        JANUARY 7, 1993

   An act to amend Section 11353.6 of the Health and Safety
Code, relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 104, Quackenbush.  Controlled substances.
   Existing law, the Juvenile Drug Trafficking and Schoolyard
Act of 1988, provides that any person 18 years of age or over
who is convicted of specified controlled substance offenses with
regard to cocaine and heroin or of a conspiracy to commit one
of those offenses, where the violation takes place upon the
grounds of, or within 1,000 feet of, a public or private
elementary, vocational, junior high, or high school during hours
that the school is open for classes or school-related programs,
or at any time when minors are using the facility where the
offense occurs, shall receive an additional punishment of 3, 4,
or 5 years.
   This bill would modify this provision to apply instead to a
conviction of specified offenses involving cocaine base, heroin,
and methamphetamine where the offenses take place under these
circumstances.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1. Section 11353.6 of the Health and Safety Code is
amended to read:
   11353.6.  (a) This section shall be known, and may be cited,
as the Juvenile Drug Trafficking and Schoolyard Act of 1988.
   (b) Any person 18 years of age or over who is convicted of a
violation of Section 11351.5, 11352, or 11379.6, as those
sections apply to paragraph (1) of subdivision (f) of Section
11054, or of Section 11351, 11352, or 11379.6, as those sections
apply to paragraph (11) of subdivision (c) of Section 11054, or
of Section 11378, 11379, or 11379.6, as those sections apply to
paragraph (2) of subdivision (d) of Section 11055, or of a
conspiracy to commit one of those offenses, where the violation
takes place upon the grounds of, or within 1,000 feet of, a
public or private elementary, vocational, junior high, or high
school during hours that the school is open for classes or
school-related programs, or at any time when minors are using
the facility where the offense occurs, shall receive an
additional punishment of 3, 4, or 5 years at the court's
discretion.
   (c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor
who is at least four years younger than that person, as a full
and separately served enhancement to that provided in
subdivision (b), shall be punished by imprisonment in the state
prison for 3, 4, or 5 years at the court's discretion.
   (d) The additional terms provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.

   (e) The additional terms provided in this section shall be in
addition to any other punishment provided by law and shall not
be limited by any other provision of law.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided
in this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the
record its reasons for striking the additional punishment.
   (g) "Within 1,000 feet of a public or private elementary,
vocational, junior high, or high school" means any public area
or business establishment where minors are legally permitted to
conduct business which is located within 1,000 feet of any
public or private elementary, vocational, junior high, or high
school.