Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend Section 11351 of the Health and Safety Code, the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, the Business and Professions Code, and to add Section 11351.9 to the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Controlled substances.(1) The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees.(2) Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would provide that if a sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees. Existing law makes it a felony to possess for sale or purchase for sale certain controlled substances, including, among others, fentanyl.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.SEC. 2. The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read: CHAPTER 31.5. Drug Safety Policies on Social Media PlatformsSEC. 3. Section 22945.2 is added to the Business and Professions Code, to read:22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.SEC. 4. Section 11351.9 is added to the Health and Safety Code, to read:11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees. SECTION 1.Section 11351 of the Health and Safety Code is amended to read:11351.Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1027Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023An act to amend Section 11351 of the Health and Safety Code, the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, the Business and Professions Code, and to add Section 11351.9 to the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1027, as amended, Petrie-Norris. Controlled substances.(1) The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees.(2) Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would provide that if a sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees. Existing law makes it a felony to possess for sale or purchase for sale certain controlled substances, including, among others, fentanyl.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1027
Introduced by Assembly Member Petrie-NorrisFebruary 15, 2023
Introduced by Assembly Member Petrie-Norris
February 15, 2023
An act to amend Section 11351 of the Health and Safety Code, the heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of, and to add Section 22945.2 to, the Business and Professions Code, and to add Section 11351.9 to the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1027, as amended, Petrie-Norris. Controlled substances.
(1) The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above. The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees.(2) Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would provide that if a sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees. Existing law makes it a felony to possess for sale or purchase for sale certain controlled substances, including, among others, fentanyl.This bill would make a technical, nonsubstantive change to those provisions.
(1) The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.
This bill would require a social media platform, as defined, to maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made. The bill would exempt from that requirement information that is the subject of a consumer request to delete the information pursuant to the CCPA provision described above.
The bill would also provide that a social media platforms failure to maintain a record of the specified communications for at least 168 hours from the time of the communication would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees.
(2) Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years.
This bill would provide that if a sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform would be subject to a civil penalty of up to $250,000, an injunction, and an award of litigation costs and attorneys fees.
Existing law makes it a felony to possess for sale or purchase for sale certain controlled substances, including, among others, fentanyl.
This bill would make a technical, nonsubstantive change to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.SEC. 2. The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read: CHAPTER 31.5. Drug Safety Policies on Social Media PlatformsSEC. 3. Section 22945.2 is added to the Business and Professions Code, to read:22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.SEC. 4. Section 11351.9 is added to the Health and Safety Code, to read:11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees. SECTION 1.Section 11351 of the Health and Safety Code is amended to read:11351.Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.
SECTION 1. It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.
SECTION 1. It is the intent of the Legislature to provide additional time for law enforcement to maintain communication with social media platforms for incidents regarding minors.
### SECTION 1.
SEC. 2. The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read: CHAPTER 31.5. Drug Safety Policies on Social Media Platforms
SEC. 2. The heading of Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code is amended to read:
### SEC. 2.
CHAPTER 31.5. Drug Safety Policies on Social Media Platforms
CHAPTER 31.5. Drug Safety Policies on Social Media Platforms
CHAPTER 31.5. Drug Safety Policies on Social Media Platforms
CHAPTER 31.5. Drug Safety Policies on Social Media Platforms
SEC. 3. Section 22945.2 is added to the Business and Professions Code, to read:22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.
SEC. 3. Section 22945.2 is added to the Business and Professions Code, to read:
### SEC. 3.
22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.
22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.
22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.
22945.2. (a) Except as provided in subdivision (b), a social media platform shall maintain a record of, and the content of, a communication between users of the social media platform for at least 168 hours from the time the communication was made.
(b) This section does not apply to information that is the subject of a consumer request to delete the information pursuant to Section 1798.105 of the Civil Code.
(c) A social media platform that has knowingly and willfully violated subdivision (a) shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation, an injunction, and an award of litigation costs and attorneys fees.
SEC. 4. Section 11351.9 is added to the Health and Safety Code, to read:11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees.
SEC. 4. Section 11351.9 is added to the Health and Safety Code, to read:
### SEC. 4.
11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees.
11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees.
11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees.
11351.9. If the sale of fentanyl on a social media platform results in the death or overdose of a child, the social media platform shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000), an injunction, and an award of litigation costs and attorneys fees.
Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.