Serious felonies: furnishing fentanyl to a minor.
AB 1667
California Bills
20250AB__166798AMD INTRODUCED 2026-01-29 AMENDED_ASSEMBLY 2026-05-18 2025 AB AMD Introduced by Assembly Member Boerner (Coauthors: Assembly Members Alanis, Lackey, and Ramos) LEAD_AUTHOR ASSEMBLY Boerner COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Lackey COAUTHOR ASSEMBLY Ramos
An act to amend
Section 1192.7 of the Penal Code, relating to felonies. felonies Serious felonies: furnishing fentanyl to a minor. Existing law, as added by the Victims’ Bill of Rights, approved as Proposition at the June 8, 1982, statewide primary election, and as amended by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition at the March 7, 2000, statewide primary election, among other things, defines a serious felony.
Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. This bill would include knowingly furnishing fentanyl and fentanyl analogs to a minor within the definition of a serious felony. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 1192.7 of the Penal Code is amended to read: 1192.7. (a)
(1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses.
(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.
(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (
c) of
Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (
b) through (
i) of
Section 667,
Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought. (
b) As used in this section, “plea bargaining” means any bargaining, negotiation, or discussion between a criminal defendant, or their counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant. (
c) As used in this section, “serious felony” means any of the following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (
d) of
Section of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (
A) of paragraph (1) of subdivision (
f) of
Section or subdivision (
a) of
Section of the Health and Safety Code; (25) any violation of subdivision (
a) of
Section where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of
Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of
Section 220; (30) throwing acid or flammable substances, in violation of
Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of
Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of
Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of
Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of
Section 264.1; (35) continuous sexual abuse of a child, in violation of
Section 288.5; (36) shooting from a vehicle, in violation of subdivision (
c) or (
d) of
Section 26100; (37) intimidation of victims or witnesses, in violation of
Section 136.1; (38) criminal threats, in violation of
Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of
Section 12022.53; (41) a violation of subdivision (
b) or (
c) of
Section 11418; (42) human trafficking of a minor, in violation of subdivision (
c) of
Section 236.1, except, with respect to a violation of paragraph (1) of subdivision (
c) of
Section 236.1, where the person who committed the offense was a victim of human trafficking, as described in subdivision (
b) or (
c) of
Section 236.1, at the time of the offense; (43) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any fentanyl or fentanyl analogs, as described in
Section of the Health and Safety Code, when the person knew that the substance was fentanyl or a fentanyl analog; and (44) any conspiracy to commit an offense described in this subdivision. (
d) As used in this section, “bank robbery” means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.
As used in this subdivision, the following terms have the following meanings: (1) “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. (2) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in
Section of the National Housing Act, as amended, and any federal credit union as defined in
Section of the Federal Credit Union Act. (3) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration. (
e) The provisions of this
section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
SEC. 2. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of