Lawmakers Introduce Constitutional Amendment to Pass “Alexandra’s Law,” Hold Fentanyl Dealers Accountable

SACRAMENTO – Today, state lawmakers, law enforcement officials, local leaders and family members of fentanyl victims announced the introduction of Assembly Constitutional Amendment 12, which would ask voters to implement “Alexandra’s Law” which would require convicted fentanyl dealers receive a warning that continuing to sell fentanyl is extremely dangerous. That warning would empower prosecutors to file homicide charges if the dealer continues to sell fentanyl and causes a death.

“ACA 12 is an opportunity for us to let the voters decide once and for all if this bipartisan solution should be law,” said Assemblywoman Diane Dixon (R-Newport Beach). “Let’s take Alexandra’s Law to the voters!”

“Alexandra’s Law is a simple and reasonable approach to holding drug dealers accountable when they knowingly murder Californians with Fentanyl,” said Matt Capelouto, whose daughter’s fentanyl poisoning inspired Alexandra’s Law. “It will give law enforcement the ability to stop someone who continues to sell a drug that results in instant death.”

“The voters should have a choice to weigh in on this debate directly,” said Assemblymember Juan Alanis (R-Modesto).  “Let’s let the people themselves decide on both the urgency and what they want to see as the outcome of this very important discussion.”

“I share the concerns of all my counterparts up and down the state in saying that it is vital that California continue its work in supporting our cities and counties with the resources and laws necessary to help us continue doing our jobs and protecting our communities,” said Ceres Councilmember Rosalinda Vierra.

“Since Day One, I have been clear that we must take a multi-pronged approach to fully tackle the fentanyl crisis,” said Assemblyman Joe Patterson (R-Rocklin). “We cannot rely on education and treatment alone. It is critical that we give our law enforcement the tools necessary to hold dealers and sellers accountable.”

“This year, the California Legislature received multiple bills aimed at tackling the fentanyl crisis with many of those efforts were being held in both public safety committees — without any real solutions from the Legislature,” said Placer County District Attorney Morgan Gire. “This constitutional amendment will allow Caliornia voters to have their voice directly heard on this devastating crisis.”

ACA 12 is backed by a bipartisan coalition of more than two dozen lawmakers. Earlier this year, a similar proposal in the State Senate garnered the support of a majority of Senators, including 13 Democrats.

Joining the proposal’s authors at the press conference were Assemblymembers Bill Essayli, James Gallagher, Josh Hoover, Tom Lackey, Jim Patterson, Tri Ta, Greg Wallis and Senator Kelly Seyarto.

As a legislative proposal, ACA 12 will need to be passed by both houses of the Legislature, and would then be placed on the ballot to be voted on by the citizens of California.

A video of today’s press conference announcing Alexandra’s Law is available HERE – a high-resolution video will be available this afternoon.

Bill to Hold Drug Dealers Accountable for Fentanyl Deaths Fails in Committee

Senate Bill 44, a bill to hold drug dealers accountable in fentanyl related deaths failed to pass the Senate Public Safety Committee which prompted a press conference by State Senator Tom Umberg (D-Orange County)

The bill, Alexandra’s Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to selling illicit drugs with fentanyl, that, if they sell it again and it kills someone that they can be charged with murder.

The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the record.

The bill failed to advance after Senator Bogh voted in support while Senators Aisha Wahab, Steven Bradford, Nancy Skinner and Scott Wiener all abstaining.

SB 44 was given reconsideration and it can come back at a later date. — see story