BILL NUMBER: AB 1890	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly  Member   Members 
Rod Pacheco  and Reyes 

                        FEBRUARY 10, 2000

    An act to amend Section 11353.6 of the Health and Safety
Code, relating to controlled substances.   An act to add
Section 2717 to the Penal Code, relating to prisoners. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1890, as amended, Rod Pacheco.   Controlled substances:
  schools   Prisoners:  work outside prisons:  security
and clothing  . 
   Existing law provides for the employment of state prisoners
outside the prison grounds in road cleanup crews and fire crews, as
specified.
   This bill would provide that the Department of Corrections shall
provide adequate security with respect to these prisoners so as to
ensure that the prisoners do not escape.  The bill would also provide
that the department shall require these prisoners to wear
distinctive clothing for identification purposes.  
   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   no  .
   


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

  
  SECTION 1.  Section 11353.6 of the Health and Safety  

  SECTION 1.  Section 2717 is added to the Penal Code, to read:
   2717.  (a) The Department of Corrections shall provide adequate
security with respect to prisoners who are working outside the prison
grounds in road cleanup crews pursuant to Article 4 (commencing with
Section 2760) or fire crews pursuant to Article 5 (commencing with
Section 2780) so as to ensure that the prisoners do not escape.
   (b) The Department of Corrections shall require prisoners who are
working outside the prison grounds in road cleanup crews pursuant to
Article 4 (commencing with Section 2760) or fire crews pursuant to
Article 5 (commencing with Section 2780) to wear distinctive clothing
for identification purposes.   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, 11358, 11359,
11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 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 shall receive an additional punishment of 3, 4, or 5 years.
   (c) Any person, 18 years of age or older, who is convicted of a
violation pursuant to subdivision (b) 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.
   (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.
  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.