SB 1233

ON APRIL 22, 2025, THE SENATE ADOPT ED AMENDMENT #3 AND PASSED SENATE BILL 1233, AS AMENDED. AMENDMENT #3 rewrites this bill to make the following changes and additions to present law concerning criminal justice: (1) Requires that a person convicted of knowingly possess ing or casually e xchang ing a controlled substance with respect to any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, or any fentanyl derivative or analogue must be punished by confinement for not less 30 days, and the person shall serve at leas t 100% of the 30 -day minimum before participating in a drug or recovery court ; (2) Present law generally requires that a peace officer who arrests a person for a misdemeanor issue a citation to the arrested person to appear in court in lieu of the contin ued custody and the taking of the arrested person before a magistrate. This amendment provides that such requirement does not apply to a person arrested for knowingly possess ing or casually exchang ing a controlled substance with respect to any amount of f entanyl, carfentanil, remifentanil, alfentanil, or thiafentanil ; (3) Authorizes a domestic abuse victim to file a petition for a lifetime order of protection , prior to the respondent's conviction for a qualifying offense , with the court with criminal jur isdiction over the respondent's trial for the offense on which the petition is based. The court shall cause a copy of the petition to be served upon the respondent, with notice that a hearing on the petition will be held immediately following the entry o f judgment, if the respondent is convicted of the offense on which the petition is based; provided, however, that a hearing must not occur for at least five days from the date of service. If the respondent is not convicted of the offense on which the petit ion is based, then the court is required to dismiss the petition. If the respondent is convicted of the offense on which the petition is based, then the court is required to hold a hearing on the petition immediately following the entry of judgment ; and (4) Present law prohibits removing or disturbing the body or articles at the scene where it appears died by means of violence. This amendment makes such prohibition applicable to scenes where a person appears to have died as the result of a drug overdos e ; provided, that it is not a violation for a person to administer an opioid antagonist to an individual experiencing a drug-related overdose.