California 2011-2012 Regular Session Status: Enacted

AB 604 — Needle exchange programs.

Last action — Chaptered by Secretary of State - Chapter 744, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, with certain exceptions, makes it a misdemeanor for a person to deliver, furnish, or transfer, or possess with intent to deliver, furnish, or transfer drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to introduce into the human body a controlled substance. Existing law provides an exception to this general rule by authorizing a city, county, or city and county to conduct a clean needle and syringe exchange project authorized by the public entity to combat the spread of HIV and bloodborne hepatitis. Existing law exempts providers participating in an exchange project from criminal prosecution for possession of needles or syringes during participation in the project. Existing law also provides a specified annual comment and reporting process relating to the needle and syringe exchange projects. This bill would, until January 1, 2019, authorize the State Department of Public Health to authorize, as specified, certain entities to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. The bill would, until January 1, 2019, require the department to establish and maintain on its Internet Web site the address and contact information of these programs. This bill would, until January 1, 2019, exempt staff and volunteers participating in an authorized exchange project from criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles or syringes during participation in an exchange project and would exempt program participants from criminal prosecution for possession of needles and syringes acquired from an authorized exchange project entity. The bill would also, until January 1, 2019, make the comment and reporting process for the projects biennial. This bill would make additional technical and nonsubstantive changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 744, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 27. Page 3221.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 17. Page 2397.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Reconsideration granted. (Ayes 37. Noes 0. Page 2172.)

  10. Motion to reconsider made by Senator Hernandez.

  11. Read third time. Refused passage. (Ayes 20. Noes 16. Page 2172.).

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Do pass as amended. (Ayes 6. Noes 3.) (July 11).

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (June 22). Re-referred to Com. on APPR.

  17. In committee: Hearing postponed by committee.

  18. Referred to Com. on HEALTH.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 1386.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 12. Noes 3.) (April 13).

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 6.) (March 29).

  26. Re-referred to Com. on HEALTH.

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

  28. Referred to Com. on HEALTH.

  29. From printer. May be heard in committee March 19.

  30. Read first time. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 7 voted No

Sponsors (1)

  • Skinner

Co-sponsors (1)

  • Blumenfield

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 604 SKINNER Concurrence in Senate Amendments

Passed 52 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 512501
Republican 0200
Democratic 1000
Total 522701
% of votes cast 65%34%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Nay
Feuer — Yea
Butler — Yea
Furutani — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Cedillo — Yea
Swanson — Yea
Williams — Yea
Yamada — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Chesbro — Yea
Hall — Yea
Fletcher — Nay
Harkey — Nay
Hueso — Yea
Jeffries — Nay
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Olsen — Nay
Skinner — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB604 Skinner By Hernandez

Passed 21 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201601
Democratic 1001
Republican 0100
Total 211702
% of votes cast 53%43%0%5%
How each member voted (40)
Member Party Vote
Wyland — Nay
Yee — Yea
Cannella — Nay
Dutton — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Nay
Hancock — Yea
Harman — Nay
Huff — Nay
Kehoe — Yea
Runner — Nay
Rubio — Nay
Anderson — Nay
Blakeslee — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Lieu — Not Voting
Vargas — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

3rd Reading AB604 Skinner By Hernandez Reconsider

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Cannella — Not Voting
Harman — Not Voting
Runner — Not Voting
Hernandez — Yea
Corbett — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Huff — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB604 Skinner By Hernandez

Failed 20 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 191404
Republican 0100
Democratic 1100
Total 201604
% of votes cast 50%40%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hernandez — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Wyland — Nay
Evans — Yea
Cannella — Nay
Rubio — Nay
Runner — Not Voting
Corbett — Not Voting
Fuller — Nay
Harman — Not Voting
Correa — Nay
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Huff — Nay
Lieu — Not Voting
Alquist — Yea
Kehoe — Yea
Leno — Yea
Walters — Nay
Emmerson — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Pavley — Yea
Runner — Nay
Kehoe — Yea
Alquist — Yea
Lieu — Yea
Steinberg — Yea
Price — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

AB 604 SKINNER Assembly Third Reading

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 492402
Democratic 3000
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Hall — Yea
Fuentes — Yea
Butler — Yea
Furutani — Yea
Carter — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
Ammiano — Yea
Skinner — Yea
Swanson — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Galgiani — Yea
Garrick — Nay
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Hagman — Nay
Campos — Yea
Halderman — Nay
Fletcher — Nay
Harkey — Nay
Hayashi — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mansoor — Nay
Block — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Norby — Not Voting
Olsen — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Nestande — Nay
Nielsen — Nay
Perea — Yea
Silva — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11302
Democratic 1000
Total 12302
% of votes cast 71%18%0%12%
How each member voted (17)
Member Party Vote
Davis — Yea
Gatto — Yea
Campos — Yea
Hall — Yea
Mitchell — Yea
Harkey — Nay
Donnelly — Nay
Nielsen — Nay
Norby — Not Voting
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Wagner — Not Voting
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13600
Total 13600
% of votes cast 68%32%0%0%
How each member voted (19)
Member Party Vote
Garrick — Nay
Gordon — Yea
Hayashi — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Monning — Yea
Nestande — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Williams — Yea
Logue — Nay
Mansoor — Nay
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 604 do?
Existing law, with certain exceptions, makes it a misdemeanor for a person to deliver, furnish, or transfer, or possess with intent to deliver, furnish, or transfer drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to introduce into the human body a controlled substance. Existing law provides an exception to this general rule by authorizing a city, county, or city and county to conduct a clean needle and syringe exchange project authorized by the public entity to combat the spread of HIV and bloodborne hepatitis. Existing law exempts providers participating in an exchange project from criminal prosecution for possession of needles or syringes during participation in the project. Existing law also provides a specified annual comment and reporting process relating to the needle and syringe exchange projects. This bill would, until January 1, 2019, authorize the State Department of Public Health to authorize, as specified, certain entities to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. The bill would, until January 1, 2019, require the department to establish and maintain on its Internet Web site the address and contact information of these programs. This bill would, until January 1, 2019, exempt staff and volunteers participating in an authorized exchange project from criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles or syringes during participation in an exchange project and would exempt program participants from criminal prosecution for possession of needles and syringes acquired from an authorized exchange project entity. The bill would also, until January 1, 2019, make the comment and reporting process for the projects biennial. This bill would make additional technical and nonsubstantive changes.
Who sponsors AB 604?
AB 604 is sponsored by Blumenfield and Skinner.
What is the current status of AB 604?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 604?
Track AB 604 free on One Click Politics — get push/email alerts when it moves.

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