Section 11380.1 Of Article 5. Offenses Involving Controlled Substances Formerly Classified As Restricted Dangerous Drugs From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 5.
11380.1
. (a) Notwithstanding any other provision of law, any person
18 years of age or over who is convicted of a violation of Section
11380, in addition to the punishment imposed for that conviction,
shall receive an additional punishment as follows:
(1) If the offense involved phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), 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 phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), 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 school, 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) The definitions contained in subdivision (e) of Section
11353.1 shall apply to this section.
(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.