CA SB 21

Title: Controlled substances.
Author: Thomas J. Umberg

Summary
SB 21, as amended, Umberg. Controlled substances. 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-described crimes as they relate to fentanyl 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 bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction.This bill would authorize a defendant who is charged with the above-described crimes to undergo a treatment program in lieu of a grant of probation or a jail or prison sentence if certain conditions are met. The bill would require the treatment program to be developed by a drug addiction expert and would authorize a defendant to participate in a substance abuse and mental health evaluation. The bill would make any statement or information from the evaluation inadmissible in any action or proceeding. The bill would require the drug treatment program to be approved by the court and could include mental health treatment and job training. The bill would require the court to dismiss the charges upon successful completion of the treatment program.The California Constitution provides for the Right to Truth-in-Evidence, which requires a ? vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would make specified statements and information from the evaluation and treatment process from being used as evidence in any subsequent proceedings or actions, thereby requiring a 2/3 vote.This bill would declare that it is to take effect immediately as an urgency statute.

Status
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA SB 21 - 01/17/24 - Amended Assembly
01/17/24 - CA SB 21 (01/17/24 - Amended Assembly)