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Legal Resources | Health and Safety Code |  HS  11380.5  

Offenses and penalties; controlled substances   

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(a) (1) Notwithstanding any other provision of law, any person who is convicted of the possession for sale or the sale of heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), in addition to the punishment imposed for that conviction, shall be imprisoned in the state prison for an additional one year if the violation occurred upon the grounds of a public park , public library, or ocean-front beach.

(2) For the purposes of this section, a "public park or ocean-front beach" includes adjacent public parking lots and sidewalks.

(3) For the purposes of this section, "public library" means a library, or two or more libraries, operated by a single entity by one or more jurisdictions that serves the general public without distinction.

(b) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

(c) The additional punishment provided in this section shall not be imposed in the event that any other additional punishment is imposed pursuant to Section 11353.1, 11353.5, 11353.6, 11353.7, or 11380.1.

(d) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

(e) This section shall apply to a public park , public library, or ocean-front beach only if the following conditions are satisfied:

(1) The city council , county board of supervisors, or special district board having jurisdiction over the public park , public library, or ocean-front beach adopts an ordinance designating the public park, public library, or ocean-front beach as a "drug-free zone" pursuant to this section.

(2) Notice of this law is posted at the public park , public library, or ocean-front beach.

(f) For purposes of this section, a "public park" includes a public swimming pool and a public youth center.

(g) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date.

(Amended by Stats. 1998, Ch. 723, Sec. 1.)