California 2009-2010 Regular Session Status: To Executive

AB 2460 — Controlled substances: overdose: punishment.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law generally provides punishment for the unauthorized use, possession, and sale of controlled substances. This bill would provide that it shall not be a crime for any person who experiences a drug-related overdose, as defined, who, in good faith, seeks medical assistance, or any other person who, in good faith, seeks medical assistance for the person experiencing a drug-related overdose, to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, under certain circumstances related to a drug-related overdose that prompted the seeking of medical assistance if that person does not obstruct medical or law enforcement personnel. The bill would provide that its provisions shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs for money, goods, or services, or laws prohibiting the forcible administration of drugs against a person's will. The bill would provide that it shall not affect liability for any offense that involves activities made dangerous by the consumption of controlled substances, as specified.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 3 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 29. Page 6805.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6707.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 13. Page 4874.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 5. Noes 2.) (June 29).

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 45. Noes 28. Page 5424.)

  14. Read second time. To third reading.

  15. To second reading.

  16. Withdrawn from committee.

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (April 20).

  20. Re-referred to Com. on PUB. S.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  22. Referred to Com. on PUB. S.

  23. Read first time.

  24. From printer. May be heard in committee March 23.

  25. Introduced. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Ammiano

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2460 AMMIANO Concurrence in Senate Amendments

Passed 54 Yea · 34 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 523002
Democratic 1200
Republican 1200
Total 543402
% of votes cast 60%38%0%2%
How each member voted (90)
Member Party Vote
Hagman — Nay
Carter — Yea
Evans — Yea
Chesbro — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Block — Yea
Coto — Yea
Davis — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Yamada — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Portantino — Nay
Audra — Nay
Conway — Nay
Cook — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Not Voting
Harkey — Nay
Anderson — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Knight — Nay
Mendoza — Yea
Nestande — Nay
Nielsen — Nay
Solorio — Not Voting
Torres — Yea
Villines — Nay
Eng — Yea
DeVore — Nay
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2460 Ammiano By DeSaulnier

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211105
Democratic 1100
Republican 0100
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Cogdill — Nay
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Huff — Nay
Kehoe — Yea
Liu — Yea
Runner — Nay
Blakeslee — Nay
Ducheny — Yea
Dutton — Nay
McLeod — Yea
Price — Yea
Simitian — Yea
Wright — Yea
Wyland — Nay
Oropeza — Not Voting
Ashburn — Not Voting
Wiggins — Not Voting
Aanestad — Nay
Alquist — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Leno — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Cedillo — Yea
Huff — Nay
Cogdill — Nay
Steinberg — Yea
Leno — Yea
Wright — Yea

Official roll call →

AB 2460 AMMIANO Assembly Third Reading

Passed 52 Yea · 29 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 502609
Democratic 1200
Republican 1101
Total 5229010
% of votes cast 57%32%0%11%
How each member voted (91)
Member Party Vote
Carter — Yea
Evans — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Fuller — Nay
Fletcher — Nay
Portantino — Nay
Tom — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Audra — Not Voting
Conway — Nay
Cook — Nay
DeVore — Nay
Garrick — Nay
Hagman — Nay
Harkey — Nay
Knight — Not Voting
Logue — Nay
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Yea
Anderson — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Not Voting
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Blakeslee — Nay
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Hill — Yea
Jeffries — Nay
Ma — Yea
Mendoza — Yea
Nava — Not Voting
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Yamada — Yea
Fuentes — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 2460 do?
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law generally provides punishment for the unauthorized use, possession, and sale of controlled substances. This bill would provide that it shall not be a crime for any person who experiences a drug-related overdose, as defined, who, in good faith, seeks medical assistance, or any other person who, in good faith, seeks medical assistance for the person experiencing a drug-related overdose, to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, under certain circumstances related to a drug-related overdose that prompted the seeking of medical assistance if that person does not obstruct medical or law enforcement personnel. The bill would provide that its provisions shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs for money, goods, or services, or laws prohibiting the forcible administration of drugs against a person's will. The bill would provide that it shall not affect liability for any offense that involves activities made dangerous by the consumption of controlled substances, as specified.
Who sponsors AB 2460?
AB 2460 is sponsored by Ammiano.
What is the current status of AB 2460?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2460?
Track AB 2460 free on One Click Politics — get push/email alerts when it moves.

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