California 2023-2024 Regular Session Status: Passed Senate Bipartisan · 11 R · 5 D cosponsors

SB 226 — Controlled substances: armed possession: fentanyl.

Last action — August 15 hearing: Held in committee and under submission.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison. This bill would additionally prohibit the possession of fentanyl, as specified, while armed with a loaded and operable firearm if the person has knowledge that the specific controlled substance is fentanyl. By expanding the application of an existing 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.

Bill Text

Action History

  1. August 15 hearing: Held in committee and under submission.

  2. August 7 set for first hearing. Placed on suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 2).

  5. June 27 set for first hearing. Failed passage in committee. (Ayes 2. Noes 1.) Reconsideration granted.

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

  7. Referred to Com. on PUB. S.

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

  9. Read third time. Passed. (Ayes 36. Noes 0. Page 1352.) Ordered to the Assembly.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 7. Noes 0. Page 1161.) (May 18).

  12. Set for hearing May 18.

  13. May 8 hearing: Placed on APPR suspense file.

  14. Set for hearing May 8.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 900.) (April 25). Re-referred to Com. on APPR.

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

  17. Set for hearing March 21.

  18. Referred to Com. on PUB S.

  19. From printer. May be acted upon on or after February 19.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 103 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (18)

Not signed on (103)

103 members have not signed on to this bill.

Show all 103 →

"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

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

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Republican 2000
Democratic 3001
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

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

Failed 2 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 2000
Democratic 0103
Unaffiliated 0002
Total 2105
% of votes cast 25%13%0%63%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Not Voting
Santiago — Not Voting
Bonta, Mia Democratic Nay
Bryan, Isaac G. Democratic Not Voting
Jackson, Corey A. Democratic Not Voting
Ortega, Liz Democratic Not Voting
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB226 Alvarado-Gil et al.

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 19003
Republican 7000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Not Voting
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Not Voting
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does SB 226 do?
Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison. This bill would additionally prohibit the possession of fentanyl, as specified, while armed with a loaded and operable firearm if the person has knowledge that the specific controlled substance is fentanyl. By expanding the application of an existing 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.
Who sponsors SB 226?
SB 226 is sponsored by Alvarado-Gil, Marie (Republican), Archuleta, Bob (Democratic), Ochoa Bogh, Rosilicie (Republican), Seyarto, Kelly (Republican), Umberg, Thomas J. (Democratic), Wilk, Alanis, Juan (Republican), Chen, Phillip (Republican), Davies, Laurie (Republican), Dixon, Diane (Republican), Essayli, Flora, Heath (Republican), Hoover, Josh (Republican), Lackey, Tom (Republican), Nguyen, Stephanie (Democratic), Rubio, Blanca E. (Democratic), Soria, Esmeralda (Democratic), Waldron, and Wallis, Greg (Republican).
What is the current status of SB 226?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” 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 226?
Track SB 226 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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