California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 362 — Controlled substances: overdose prevention program.

Last action — In committee: Set, second hearing. Hearing canceled at the request of author.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime to use or be under the influence of specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with knowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances. This bill would, until January 1, 2026, authorize the City and County of San Francisco and the City of Oakland to approve entities to operate overdose prevention programs for persons 18 years of age or older that satisfy specified requirements, including, among other things, providing a hygienic space supervised by health care professionals, as defined, where people who use drugs can consume preobtained drugs, providing sterile consumption supplies, and providing access or referrals to substance use disorder treatment. The bill would require the City and County of San Francisco and the City of Oakland, prior to authorizing an overdose prevention program in its jurisdiction, to provide local law enforcement officials, local public health officials, and the public with an opportunity to comment in a public meeting. The bill would require an entity operating a program to provide an annual report to the city or the city and county, as specified. The bill would exempt a person from, among other things, civil liability, professional discipline, or existing criminal sanctions, solely for actions, conduct, or omissions in compliance with an overdose prevention program for adults authorized by the city or the city and county. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the City of Oakland.

Bill Text

Action History

  1. In committee: Set, second hearing. Hearing canceled at the request of author.

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

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Referred to Coms. on HEALTH, PUB. S. and JUD.

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

  6. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 26. Page 1927.)

  7. Read second time. Ordered to third reading.

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

  9. From committee: Amend, and do pass as amended. (Ayes 6. Noes 2.) (April 23).

  10. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 4.) (March 19). Re-referred to Com. on PUB. S.

  11. Coauthors revised.

  12. Re-referred to Com. on HEALTH.

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

  14. Referred to Coms. on HEALTH and PUB. S.

  15. From printer. May be heard in committee March 7.

  16. Read first time. To print.

Sponsors

  • Eggman · Primary
  • Scott D. Wiener · Cosponsor
  • Chiu · Cosponsor
  • Friedman · Cosponsor
  • Wood · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 13 voted No

Sponsors (1)

  • Eggman

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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.

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Votes

AB 362 Eggman Assembly Third Reading

Passed 44 Yea · 26 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 291306
Democratic 15604
Republican 0700
Total 4426010
% of votes cast 55%33%0%13%
How each member voted (80)
Member Party Vote
Mayes — Yea
Frazier — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Brough — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Smith — Nay
Cunningham — Nay
Diep — Nay
Voepel — Nay
Obernolte — Nay
Cooper — Nay
Melendez — Nay
Waldron — Nay
Rodriguez — Not Voting
Gray — Not Voting
Maienschein — Not Voting
Cooley — Not Voting
Gonzalez — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Nay
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4100
Republican 0100
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Quirk — Yea
Jones-Sawyer — Yea
Diep — Nay
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Public Safety]

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Democratic 4100
Republican 0100
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
Burke — Yea
Wood — Yea
Santiago — Yea
Mayes — Yea
Chu — Yea
McCarty — Yea
Nazarian — Yea
Waldron — Nay
Bigelow — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
Limón, Monique Democratic Yea
Ramos, James C. Democratic Nay
Flora, Heath Republican Nay

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 362 do?
Existing law makes it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime to use or be under the influence of specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with knowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances. This bill would, until January 1, 2026, authorize the City and County of San Francisco and the City of Oakland to approve entities to operate overdose prevention programs for persons 18 years of age or older that satisfy specified requirements, including, among other things, providing a hygienic space supervised by health care professionals, as defined, where people who use drugs can consume preobtained drugs, providing sterile consumption supplies, and providing access or referrals to substance use disorder treatment. The bill would require the City and County of San Francisco and the City of Oakland, prior to authorizing an overdose prevention program in its jurisdiction, to provide local law enforcement officials, local public health officials, and the public with an opportunity to comment in a public meeting. The bill would require an entity operating a program to provide an annual report to the city or the city and county, as specified. The bill would exempt a person from, among other things, civil liability, professional discipline, or existing criminal sanctions, solely for actions, conduct, or omissions in compliance with an overdose prevention program for adults authorized by the city or the city and county. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the City of Oakland.
Who sponsors AB 362?
AB 362 is sponsored by Eggman, Wiener, Scott D. (Democratic), Chiu, Friedman, and Wood.
What is the current status of AB 362?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 362?
Track AB 362 free on One Click Politics — get push/email alerts when it moves.

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