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 Bill Text - SB-432 Serious felonies: furnishing fentanyl to a minor.

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 |Add To My Favorites |Track Bill | Version: 04/02/25 - Amended Senate
 02/18/25 - Introduced

 SB-432 Serious felonies: furnishing fentanyl to a minor.(2025-2026)

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 Date Published: 04/02/2025 09:00 PM

SB432:v98#DOCUMENTBill Start

 Amended
 IN 
 Senate
 April 02, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 432

Introduced by Senator Seyarto
(Coauthor: Assembly Member Lackey)

February 18, 2025

 An act to amend Sections 667.1, 1170.125, and Section 1192.7 of the Penal Code, relating to felonies. 

LEGISLATIVE COUNSEL'S DIGEST

SB 432, as amended, Seyarto.
 Serious felonies: furnishing fentanyl to a minor.

Existing law, as added by the Victims’ Bill of Rights, approved as Proposition 8 at the June 8, 1982, statewide primary election, and as amended by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, among other things, defines a serious felony. Existing law, as added by Proposition 184, approved at the November 8, 1994, statewide general election, and amended by the Three Strikes Reform Act of 2012, approved as Proposition 36 at the November 6, 2012, statewide general election, commonly known as the three strikes law, imposes additional years of imprisonment in the state prison on a person who commits a serious felony and has been convicted of, or who has a prior conviction for, a serious felony. Existing law includes furnishing specified controlled substances to a minor as a
 serious felony for these purposes. The Legislature may directly amend these initiatives by a statute passed in each house by a 23 vote, or by a statute that becomes effective only when approved by the voters. Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony.

This bill would include knowingly furnishing fentanyl to a minor within the definition of a serious felony, including for purposes of the three strikes law.
 felony. 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.

Digest Key

 Vote:
 TWO_THIRDSMAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

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

SECTION 1.Section 667.1 of the Penal Code is amended to read:

667.1.(a)Notwithstanding subdivision (h) of Section 667 and except as provided in subdivision (b), for all offenses committed on or after January 1, 2026, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on
 January 1, 2026.

(b)Notwithstanding subdivision (h) of Section 667, for the offense of human trafficking of a minor, in violation of subdivision (c) of Section 236.1, except with respect to a violation of paragraph (1) of subdivision (c) of Section 236.1, where the person who committed the offense was a victim of human trafficking, as described in subdivision (b) or (c) of Section 236.1, at the time of the offense, committed on or after January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.

SEC. 2.Section 1170.125 of the Penal Code is amended to read:

1170.125.(a)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election and except as provided in subdivision (b), for all offenses committed on or after January 1, 2026, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on
 January 1, 2026.

(b)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for the offense of human trafficking of a minor, in violation of subdivision (c) of Section 236.1, except with respect to a violation of paragraph (1) of subdivision (