California 2021-2022 Regular Session Status: To Executive 3 D cosponsors

SB 57 — Controlled substances: overdose prevention program.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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. Existing law regulates specified medical practitioners under the Medical Practice Act and requires the Medical Board of California and the Osteopathic Medical Board of California to enforce those provisions. This bill would, until January 1, 2028, authorize the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland to approve entities to operate overdose prevention programs for persons that satisfy specified requirements, including, among other things, providing a hygienic space supervised by trained staff where people who use drugs can consume preobtained drugs, providing sterile consumption supplies, providing access or referrals to substance use disorder treatment, and that program staff be authorized and trained to provide emergency administration of an opioid antagonist, as defined by existing law. The bill would require the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, 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 require all local jurisdictions that choose to participate in the overdose prevention program to confer and choose a single independent entity, as specified, to conduct a peer-reviewed study, funded by the participating jurisdictions, of the statewide efficacy of the overdose prevention programs and the community impacts of the programs, to be submitted to the Legislature and the Governor's office on or before January 15, 2027. The bill would exempt a person from, among other things, civil liability, professional discipline, or existing criminal sanctions, solely for good faith actions, conduct, or omissions in compliance with an overdose prevention program authorized by the city or the city and county. The bill would clarify that the Medical Board of California or the Osteopathic Medical Board of California is authorized to take disciplinary action against a licensee related to the operation of an overdose prevention program that violates the Medical Practice Act. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 21. Noes 11. Page 4622.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 42. Noes 29. Page 5674.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 2.) (June 1).

  9. Coauthors revised.

  10. Read second time and amended. Re-referred to Com. on PUB. S.

  11. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 9. Noes 4.) (January 11).

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

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

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 21. Noes 11. Page 881.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 4. Noes 1. Page 689.) (April 6).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  20. Set for hearing April 6.

  21. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 3. Page 456.) (March 10). Re-referred to Com. on PUB. S.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  23. Set for hearing March 10.

  24. Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

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

  26. From printer. May be acted upon on or after January 7.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on · 20 voted No

Sponsors (1)

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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

Unfinished Business SB57 Wiener et al. Concurrence

Passed 21 Yea · 11 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 8104
Unaffiliated 13604
Republican 0400
Total 211108
% of votes cast 53%28%0%20%
How each member voted (40)
Member Party Vote
Roth — Yea
Bradford — Yea
Hueso — Yea
Kamlager — Yea
Atkins — Yea
Leyva — Yea
Gonzalez — Yea
Eggman — Yea
Min — Yea
Wieckowski — Yea
Pan — Yea
Skinner — Yea
Dodd — Yea
Wilk — Nay
Borgeas — Nay
Bates — Nay
Melendez — Nay
Nielsen — Nay
Glazer — Nay
Rubio — Not Voting
Portantino — Not Voting
Newman — Not Voting
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 57 Wiener Senate Third Reading By Haney

Passed 42 Yea · 29 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 211503
Republican 0900
Democratic 21506
Total 422909
% of votes cast 53%36%0%11%
How each member voted (80)
Member Party Vote
Bigelow — Nay
Villapudua — Nay
Salas — Nay
Maienschein — Nay
Rodriguez — Nay
Kiley — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cooper — Nay
Cunningham — Not Voting
McCarty — Not Voting
Bloom — Yea
Friedman — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

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

Passed 9 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Democratic 2001
Republican 0100
Total 9402
% of votes cast 60%27%0%13%
How each member voted (15)
Member Party Vote
Burke — Yea
Wood — Yea
Santiago — Yea
Nazarian — Yea
McCarty — Yea
Maienschein — Nay
Cunningham — Nay
Waldron — Nay
Rodriguez — Not Voting
Luz Rivas — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Rivas, Robert Democratic Yea
Flora, Heath Republican Nay

Official roll call →

3rd Reading SB57 Wiener et al.

Passed 21 Yea · 11 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 14603
Republican 0400
Democratic 7105
Total 211108
% of votes cast 53%28%0%20%
How each member voted (40)
Member Party Vote
Borgeas — Nay
Wilk — Nay
Nielsen — Nay
Glazer — Nay
Portantino — Not Voting
Newman — Not Voting
Rubio — Not Voting
Hueso — Yea
Pan — Yea
Gonzalez — Yea
Wieckowski — Yea
Min — Yea
Eggman — Yea
Dodd — Yea
Atkins — Yea
Bradford — Yea
Kamlager — Yea
Roth — Yea
Leyva — Yea
Hertzberg — Yea
Skinner — Yea
Bates — Nay
Melendez — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 3000
Republican 0100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Kamlager — Yea
Skinner — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Public Safety]

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2100
Unaffiliated 5101
Republican 0100
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Roth — Yea
Eggman — Yea
Leyva — Yea
Gonzalez — Yea
Pan — Yea
Melendez — Nay
Rubio — Not Voting
Hurtado, Melissa Democratic Nay
Limón, Monique Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 57 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. Existing law regulates specified medical practitioners under the Medical Practice Act and requires the Medical Board of California and the Osteopathic Medical Board of California to enforce those provisions. This bill would, until January 1, 2028, authorize the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland to approve entities to operate overdose prevention programs for persons that satisfy specified requirements, including, among other things, providing a hygienic space supervised by trained staff where people who use drugs can consume preobtained drugs, providing sterile consumption supplies, providing access or referrals to substance use disorder treatment, and that program staff be authorized and trained to provide emergency administration of an opioid antagonist, as defined by existing law. The bill would require the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, 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 require all local jurisdictions that choose to participate in the overdose prevention program to confer and choose a single independent entity, as specified, to conduct a peer-reviewed study, funded by the participating jurisdictions, of the statewide efficacy of the overdose prevention programs and the community impacts of the programs, to be submitted to the Legislature and the Governor's office on or before January 15, 2027. The bill would exempt a person from, among other things, civil liability, professional discipline, or existing criminal sanctions, solely for good faith actions, conduct, or omissions in compliance with an overdose prevention program authorized by the city or the city and county. The bill would clarify that the Medical Board of California or the Osteopathic Medical Board of California is authorized to take disciplinary action against a licensee related to the operation of an overdose prevention program that violates the Medical Practice Act. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco, the County of Los Angeles, the City of Los Angeles, and the City of Oakland.
Who sponsors SB 57?
SB 57 is sponsored by Wiener, Scott D. (Democratic), Kamlager, Friedman, Eggman, Skinner, Bonta, Mia (Democratic), Haney, Ting, Wicks, Buffy (Democratic), and Wendy Carrillo.
What is the current status of SB 57?
This bill died with 2021-2022 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 SB 57?
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