11353.1
. (a) Notwithstanding any other provision of law, any person
18 years of age or over who is convicted of a violation of Section
11353, in addition to the punishment imposed for that conviction,
shall receive an additional punishment as follows:
(1) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon the grounds of, or
within, a church or synagogue, a playground, a public or private
youth center, a child day care facility, or a public swimming pool,
during hours in which the facility is open for business, classes, or
school-related programs, or at any time when minors are using the
facility, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in paragraph (3), be
punished by imprisonment in the state prison for one year.
(2) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon, or within 1,000 feet
of, the grounds of any public or private elementary, vocational,
junior high, or high school, during hours that the school is open for
classes or school-related programs, or at any time when minors are
using the facility where the offense occurs, the defendant shall, as
a full and separately served enhancement to any other enhancement
provided in paragraph (3), be punished by imprisonment in the state
prison for two years.
(3) If the offense involved a minor who is at least four years
younger than the defendant, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
this subdivision, be punished by imprisonment in the state prison for
one, two, or three years, at the discretion of the court.
(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 be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
(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) As used in this section the following definitions shall apply:
(1) "Playground" means any park or recreational area specifically
designed to be used by children which has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city, county, or
state parks.
(2) "Youth center" means any public or private facility that is
primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations
or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities.
(3) "Video arcade" means any premises where 10 or more video game
machines or devices are operated, and where minors are legally
permitted to conduct business.
(4) "Video game machine" means any mechanical amusement device,
which is characterized by the use of a cathode ray tube display and
which, upon the insertion of a coin, slug, or token in any slot or
receptacle attached to, or connected to, the machine, may be operated
for use as a game, contest, or amusement.
(5) "Within 1,000 feet of the grounds of any public or private
elementary, vocational, junior high, or high school" means any public
area or business establishment where minors are legally permitted to
conduct business which is located within 1,000 feet of any public or
private elementary, vocational, junior high, or high school.
(6) "Child day care facility" has the meaning specified in Section
1596.750.
(f) This section does not require either that notice be posted
regarding the proscribed conduct or that the applicable 1,000-foot
boundary limit be marked.