Serious felonies: furnishing fentanyl to a minor.

Assembly Member Lackey's legislation to classify furnishing fentanyl to minors as a serious felony under California law would modify Section 1192.7 of the Penal Code, adding this offense to the state's list of crimes that carry enhanced sentencing provisions and restricted plea bargaining options.

The measure would subject cases involving the furnishing of fentanyl to minors to the same plea bargaining limitations that currently apply to other serious felonies. Under these rules, prosecutors cannot engage in plea negotiations unless there is insufficient evidence, material witness testimony is unavailable, or a reduction would not substantially change the sentence. The classification as a serious felony also triggers a five-year sentence enhancement for defendants with prior serious felony convictions.

The bill maintains existing definitions and procedural requirements for serious felony prosecutions, including the requirement that changes to these provisions must receive two-thirds approval in both legislative chambers or voter approval through a ballot measure. Local agencies and school districts would not require state reimbursement for implementation costs, as the changes relate to crime definition modifications under California's constitutional framework.