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| 1 | + | Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3094Introduced by Assembly Member LowFebruary 16, 2024 An act to amend Section 222 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 3094, as amended, Low. Crimes: assault.Existing law prohibits a person from administering a controlled substance or anaesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony.This bill would express the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent.This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, to administer chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent. By creating a new 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 222 of the Penal Code is amended to read:222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent. | |
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| 3 | + | Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3094Introduced by Assembly Member LowFebruary 16, 2024 An act to amend Section 222 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 3094, as amended, Low. Crimes: assault.Existing law prohibits a person from administering a controlled substance or anaesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony.This bill would express the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent.This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, to administer chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent. By creating a new 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
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| 5 | + | Amended IN Assembly March 21, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 25, 2024 | |
| 8 | 7 | Amended IN Assembly March 21, 2024 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 3094 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member LowFebruary 16, 2024 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Low | |
| 19 | 18 | February 16, 2024 | |
| 20 | 19 | ||
| 21 | 20 | An act to amend Section 222 of the Penal Code, relating to crimes. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 3094, as amended, Low. Crimes: assault. | |
| 28 | 27 | ||
| 29 | - | Existing law prohibits a person from administering a controlled substance or anaesthetic | |
| 28 | + | Existing law prohibits a person from administering a controlled substance or anaesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony.This bill would express the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent.This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, to administer chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent. By creating a new 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. | |
| 30 | 29 | ||
| 31 | - | Existing law prohibits a person from administering a controlled substance or anaesthetic | |
| 30 | + | Existing law prohibits a person from administering a controlled substance or anaesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony. | |
| 32 | 31 | ||
| 33 | - | This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, as a misdemeanor, to knowingly administer chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent. By creating a new crime, this bill would impose a state-mandated local program. | |
| 32 | + | This bill would express the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would make it a crime, punishable by imprisonment in the state prison for 12 months and one day, to administer chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent. By creating a new crime, this bill would impose a state-mandated local program. | |
| 34 | 37 | ||
| 35 | 38 | 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. | |
| 36 | 39 | ||
| 37 | 40 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 41 | ||
| 39 | 42 | ## Digest Key | |
| 40 | 43 | ||
| 41 | 44 | ## Bill Text | |
| 42 | 45 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 222 of the Penal Code is amended to read:222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 222 of the Penal Code is amended to read:222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent. | |
| 44 | 47 | ||
| 45 | 48 | The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | 50 | ## The people of the State of California do enact as follows: | |
| 48 | 51 | ||
| 49 | - | SECTION 1. Section 222 of the Penal Code is amended to read:222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 52 | + | SECTION 1. Section 222 of the Penal Code is amended to read:222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. | |
| 50 | 53 | ||
| 51 | 54 | SECTION 1. Section 222 of the Penal Code is amended to read: | |
| 52 | 55 | ||
| 53 | 56 | ### SECTION 1. | |
| 54 | 57 | ||
| 55 | - | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 58 | + | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. | |
| 56 | 59 | ||
| 57 | - | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 60 | + | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. | |
| 58 | 61 | ||
| 59 | - | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 62 | + | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.(b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. | |
| 60 | 63 | ||
| 61 | 64 | ||
| 62 | 65 | ||
| 63 | - | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, | |
| 66 | + | 222. (a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself themselves or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. | |
| 64 | 67 | ||
| 65 | - | (b) Every person guilty of | |
| 68 | + | (b) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, without that persons knowledge or consent, is guilty of a felony punishable by imprisonment in the state prison for 12 months and one day. | |
| 66 | 69 | ||
| 67 | 70 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 68 | 71 | ||
| 69 | 72 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 70 | 73 | ||
| 71 | 74 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 72 | 75 | ||
| 73 | 76 | ### SEC. 2. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | It is the intent of the Legislature to enact legislation relating to assault by the administering of an intoxicating agent. |