Section 11353.6 Of Article 1. Offenses Involving Controlled Substances Formerly Classified As Narcotics From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 1.
11353.6
. (a) This section shall be known, and may be cited, as the
Juvenile Drug Trafficking and Schoolyard Act of 1988.
(b) Any person 18 years of age or over who is convicted of a
violation of Section 11351.5, 11352, or 11379.6, as those sections
apply to paragraph (1) of subdivision (f) of Section 11054, or of
Section 11351, 11352, or 11379.6, as those sections apply to
paragraph (11) of subdivision (c) of Section 11054, or of Section
11378, 11379, or 11379.6, as those sections apply to paragraph (2) of
subdivision (d) of Section 11055, or of a conspiracy to commit one
of those offenses, where the violation takes place upon the grounds
of, or within 1,000 feet of, a 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, shall receive
an additional punishment of three, four, or five years at the court'
s discretion.
(c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is
at least four years younger than that person, as a full and
separately served enhancement to that provided in subdivision (b),
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, four, or five years at the
court's discretion.
(d) The additional terms provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
(e) The additional terms 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.
(f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided 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.
(g) "Within 1,000 feet of a 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.