BILL NUMBER: AB 1890	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rod Pacheco

                        FEBRUARY 10, 2000

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1890, as introduced, Rod Pacheco.  Controlled substances:
schools.
   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 base, heroin, and methamphetamine, 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, as defined,
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.
   This bill would modify this provision to instead provide that any
person, 18 years of age or over, who is convicted of a violation, a
conspiracy to commit a violation, or an attempt to commit a violation
of a greater number of controlled substance offenses with regard to
a greater number of controlled substances, 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, shall
receive an additional punishment of 3, 4, or 5 years.  The bill would
delete the definition regarding distance from a school and would
make other conforming and clarifying changes.  By creating new
enhancements, 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.
State-mandated local program:  yes.


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, a conspiracy to commit a
violation, or an attempt to commit a  violation of Section 
11351, 11351.5, 11352,  or   11358, 11359,
11360, 11378, 11378.5, 11379, 11379.5,  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   or 11383  ,
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   that  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  is  admitted  by the accused  or  is 
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. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.