Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. 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, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, a crime, the 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.
Sponsored bills
The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 23 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until January 1, 2024, authorizes a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. This bill would permanently extend the operation of those provisions beyond January 1, 2024. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law allows licenses for the retail sale of alcoholic beverages to be issued for, or transferred to, premises that are to be constructed or are in the process of construction. This bill would require a licensee transferring a license, as described above, to follow specified notification requirements. The Alcoholic Beverage Control Act allows a wholesaler or manufacturer of beer to accept the return of a beer from a retail licensee under specified conditions. In this regard, existing law allows, with department approval, a wholesaler or manufacturer, or a successor, to accept the return of a seasonal brand of beer from a retail licensee if the beer is exchanged for a quantity of beer of a brand produced or sold by the same manufacturer with a value no greater than the original sales price to the retail licensee of the returned beer. Existing law defines "seasonal brand of beer" for this purpose, in part, as a brand of beer that is brewed by a manufacturer to commemorate a specific holiday season. This bill would revise that part of the definition of "seasonal brand of beer" to instead mean a brand of beer that is brewed by a manufacturer to recognize a season or a holiday. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, 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.
This measure would declare October 8, 2023, as Father-Daughter Day and would encourage fathers with daughters in California to take time to celebrate, cherish, and connect with each other.
This measure would proclaim the month of October 2023 as California Firefighter Appreciation Month and October 14, 2023, as California Firefighters Memorial Day.
This measure would proclaim August 2023 as Breastfeeding Awareness Month of 2023 in California. The measure would recognize the unique benefits that breastfeeding provides, as specified, and would affirm that Californians should work to ensure that barriers to initiation and continuation of breastfeeding are removed. The measure would encourage Californians to work together to explore ways to, among other things, improve women's access to breastfeeding support services in medical, social, and employment settings.
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs. This bill would require the office, to the extent funds are available for this purpose and until January 1, 2029, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2026, to submit to the Legislature and the Governor's office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing law requires the State Department of Social Services to ensure that, among other things, emergency response services are coordinated with the implementation of specified program models. Existing law also requires each county to provide the department with a disaster response plan describing how county programs that receive federal assistance for child and family services would respond to a disaster. Existing law also requires the department to review its disaster plan, revise the plan to clarify the role and responsibilities of the state in the event of a disaster, and consult with counties to identify opportunities for collaboration in the event of a disaster. This bill would establish the Child Welfare Disaster Response Program, to be administered by the department. The bill would establish the Child Welfare Disaster Response Account to fund the program. The bill would require, upon appropriation by the Legislature, $2,000,000 to be allocated from the General Fund to the Child Welfare Disaster Response Account for purposes of the program and to support the needs of foster children and youth and their caregivers during a disaster. The bill would require the department to determine eligibility criteria for applicants and would authorize county child welfare departments to apply for funds. The bill would require funds awarded pursuant those provisions to be available to meet the housing, clothing, transportation, and other tangible needs of foster children and youth and their caregivers that occur within 180 days of a local emergency proclamation by a local government or a state of emergency proclamation by the Governor.
Existing law requires the Governor to establish the California Interagency Council on Homelessness, and requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, and promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness. Existing law sets forth the composition of the council, which includes, among others, the Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services, who serve as cochairs of the council. This bill would add a representative from the State Council on Developmental Disabilities to the council described above.