Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 675

Introduced by Assembly Member Soria

February 13, 2023

An act to amend Section 3200 of the Welfare and Institutions Code, relating to narcotic treatment programs. Section 11370.1 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 675, as amended, Soria. Narcotic treatment programs. Controlled substances.
Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.
This bill would additionally prohibit the possession of a heroin analog, fentanyl, and a fentanyl analog while armed with a loaded and operable firearm. By expanding the application of an existing crime, 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.

Existing law establishes the California Health and Human Services Agency, under the direction of the Secretary of California Health and Human Services, which includes, among other departments, the State Department of Public Health and the State Department of Health Care Services. Existing law provides for various programs to reduce the use of, and harm caused by, controlled substances, including opioids. Existing law requires the agency to establish a grant program to reduce fentanyl overdoses and use throughout the state by giving out 6 one-time grants to increase local efforts in education, testing, recovery, and support services, as specified.

This bill would make a technical, nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11370.1 of the Health and Safety Code is amended to read:

11370.1.
 (a)  Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing a heroin analog, a substance containing fentanyl, a substance containing a fentanyl analog, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
As used in this subdivision, “armed with” means having available for immediate offensive or defensive use.
(b)  Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
SECTION 1.Section 3200 of the Welfare and Institutions Code is amended to read:
3200.

(a)The California Health and Human Services Agency shall establish a grant program to reduce fentanyl overdoses and use throughout the state. Six one-time grants shall be made: two in northern California, two in the central valley, and two in southern California.

(b)Grant moneys may be used for any of the following purposes:

(1)Education programs in local schools.

(2)Increasing testing abilities for fentanyl.

(3)Overdose prevention and recovery programs, including making naloxone or other overdose recovery drugs more available in the community.

(4)Increasing social services and substance use recovery services to those addicted to fentanyl or other opioids.

(c)A local jurisdiction or agency, or a group comprised of local jurisdictions and agencies working in concert, shall submit an application and plan to the state agency in a form required by the state agency. The state agency shall award grants based on need, evidence-based likelihood of success, and the number of people proposed to be served.