incapacitated. Memory loss and confusion under the influence of this drug makes victims more vulnerable to rape. In order to deter the possession of Ketamine, GHB, and Rohypnol by sexual predators and to take steps to prevent the use of these drugs to incapacitate victims for purposes of sexual exploitation, it is necessary and appropriate that an individual who possesses one of these substances for predatory purposes be subject to felony penalties. Proposed Law: SB 1182 would make it a felony, punishable by imprisonment in the county jail for 16 months, or 2 to 3 years, to possess Ketamine, Rohypnol or GHB, with the intent to commit sexual assault. SB 1182 would add to Sections 11350.5 and 11377.5 to the Health and Safety Code, relating to controlled substances. Prior Legislative Votes: The Board supported similar legislation (SB 333 - Galgiani), which was approved by the legislature in 2015, but was vetoed by Governor Brown. Vote Threshold: This bill is a majority vote. State Mandated Local Program: Yes Support and Opposition: Impact on Orange County: The impact of SB 1182 on Orange County would restore the ability of law enforcement to pursue arrests against individuals caught with the most common date rape drugs including Rohypnol, GHB and Ketamine. Mandates: By creating a tougher penalty for possession of these three drugs this bill does create a state-mandate. This mandate would not be onerous or create an unwarranted burden. Operations: The legislation would not result in any negative impacts to OCSD operations. Costs: No estimates at this time. Revenues: No impact on revenue. Impact on Department Area of Responsibility: This legislation will provide the public safety community with an additional tool for combating illegal drugs. Policy Platform References: Page 12 of the platform states: “Support a public safety system that promotes local law enforcement services, crime prevention, prosecution of crime, and confinement of adults, Evidence Based practice programs aimed at rehabilitation and lowering the recidivism rate.” The
proposed legislation will help prevent crime by providing law enforcement with an additional tool for combating illegal drugs. SUPPORT – SB 1323 (Bates): Controlled Substances: fentanyl CEO/Office of Legislative Affairs Bill Analysis BILL NUMBER: Senate Bill (SB) 1323 INTRODUCED/AMENDED DATE: Introduced: 2/19/16 AUTHOR: Senator Patricia Bates (R-Laguna Niguel) SUBJECT: Controlled substances: fentanyl. BILL SPONSOR: STATUS: Senate Public Safety set for hearing April 5, 2016. REQUESTING DEPARTMENT/AGENCY: Orange County Sheriff’s Department DEPARTMENT/AGENCY RECOMMENDED POSITION: SUPPORT CEO RECOMMENDED POSITION: SUPPORT Current Law and Background: Fentanyl is classified as a schedule II drug. Existing law prohibits the possession or purchase of Fentanyl for sale and provides for imprisonment in a county jail for 2, 3, or 4 years of violation. Existing law also imposes an additional term upon a person who is convicted of a violation of, or conspiracy to violate, specified provisions of law with respect to a substance containing heroin or cocaine, if the substance exceeds a specific weight. Additional terms will be imposed, under these provisions, depending on the weight of the substance. For example, where the substance exceeds four
Active Orange County-Sponsored/Position 2-Year Bills The tables below summarize active bills the County has taken positions on throughout 2015-16. As of Thursday, March 17, 2016 State Legislation Bill Number Author Subject Position Date of Board Action Status NOTES AB 45 D Household hazardous waste. Oppose 4/21/2015 Senate Environmental Quality AB 783 Daly D County Auditor Oppose 7/14/2015 Senate Floor – Inactive File CEO-LA does not believe this bill will move AB 806 Dodd D Planning and zoning: permits: strand-mounted antenna. Watch 7/21/2015 Senate Government and Finance CEO-LA is having ongoing conversations with stakeholders AB 1500 R California Environmental Quality Act: priority housing projects: exemption. Support 4/14/2015 Senate Transportation and Housing AB 1546 Olsen R Vital Records Support 1/12/2016 Senate Rules AB 1699 Kim Homeless youth emergency service projects Support 3/15/2016 Assembly Human Services SB 1273 Moorlach R Crisis stabilization units: funding Support 3/1/2016 Senate Health SB 1315 Bates R Counties: budgets Support 3/1/2016 Senate Governance and Finance SCA 8 Mendoza D Charter counties: board of supervisors: redistricting. Oppose 6/16/2015 Senate Floor – Inactive Though Constitutional Amendments are not subject to deadlines and can be moved at any time, there is not sufficient support for this proposal in the Legislature. Federal Legislation Bill Number Author Subject Position Date of Board Action Status NOTES