(1) Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes as they relate to hard drugs, as defined, to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit the fact that this warning was given from being used as evidence in the prosecution of a minor in juvenile court, thereby requiring a 23 vote. (2) Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm. This bill would expand that crime to include when the substance possessed is fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program. (3) Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, fentanyl, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would make that term of imprisonment punishable in the state prison. The bill would additionally lower the weight requirements of that crime with regard to fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program. (4) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 authorizes amendment of its provisions by a 23 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act. This bill would amend Proposition 47 by authorizing the aggregation of the values of the property involved in one or more cases of shoplifting or theft into a single count or charge when the case involves one or more acts of theft or shoplifting, with the sum of the value of all property or merchandise being the value considered when determining the degree of theft. (5) Existing law, added by Proposition 47, provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would amend Proposition 47 by requiring a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished as a misdemeanor or felony, as specified. The bill would require a court, upon arrest of a person under these provisions, to make an individualized determination of risk to public safety and likelihood to return to court prior to releasing the individual. (6) Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill would authorize prosecutors to create and offer a deferred entry of judgment program to defendants convicted of the possession, sale, or transport of hard drugs, as defined. The bill would make a participant in the program agree to complete a treatment program in lieu of a jail or prison sentence, and, upon the defendant's successful completion of the program, the court would dismiss the charges against the defendant. The bill would, as part of the program, require the court to, with the consent of the defendant, order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant, and to order a qualified individual to determine if the defendant is eligible to receive benefits from specified programs for the treatment ordered pursuant to these provisions. The bill would, if the defendant participates in the interview, prohibit the interview or evidence derived from the interview from being used as evidence, thereby requiring a 23 vote. By expanding the duties of county employees, this bill would impose a state-mandated local program. (7) State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified. This bill would create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. The bill would additionally make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of imprisonment of one, 2, or 3 years. By creating a new enhancement, this bill would impose a state-mandated local program. (8) Existing law makes a person who is armed with a firearm in the commission of specified drug-related offenses punishable by an additional consecutive term of imprisonment in the county jail for 3, 4, or 5 years. This bill would make that term of imprisonment punishable in the state prison. (9) Existing law makes a person who inflicts great bodily injury on another punishable by an additional term of imprisonment in the state prison, as specified, based on the circumstances and the victim of that great bodily injury. This bill would make a person who sells, furnishes, administers, or gives away a controlled substance and who knew or should have known that the substance included fentanyl or a fentanyl analog deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. By expanding the scope of a crime, this bill would impose a state-mandated local program. (10) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (11) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election. (12) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or without a warrant if, among other circumstances, the officer has probable cause to believe that the person has committed a public offense in the officer's presence. Under existing law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Existing case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under existing case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Existing case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists or more than one low-level infraction is observed. The bill would state that a violation of these provisions is not grounds for a defendant to move for return of property or to suppress evidence. The bill would authorize a peace officer who does not have grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner. The bill would authorize local authorities to enforce a nonmoving or equipment violation of the Vehicle Code through government employees who are not peace officers. This bill would incorporate additional changes to Section 21100 of the Vehicle Code proposed by AB 436 and AB 825 to be operative only if this bill and AB 436, this bill and AB 825, or this bill, AB 436, and AB 825 are enacted and this bill is enacted last.
