District Attorney Jenkins testified in support of Senate Bill 44 & Senate Bill 64 to provide additional tools for California prosecutors to hold fentanyl dealers accountable and fight discrimination and hate
San Francisco, CA — Today, District Attorney Brooke Jenkins joined State Senator Tom Umberg (D-Orange County), and leaders from across California, in support of two bills that will provide additional tools for prosecutors to improve public safety. Senate Bill 44 (Alexandra’s Law) will require a written admonishment be issued to a person convicted of a fentanyl-related drug offense and Senate Bill 64 will allow a court to issue a search warrant when evidence shows that a misdemeanor hate crime was committed.
“California and our entire country is suffering from the level of death and misery fentanyl is causing on our streets and in our communities,” said District Attorney Brooke Jenkins. “We must advance bold and creative solutions that will save lives and keep our streets and neighborhoods safe. Alexandra’s Law is a necessary deterrent that will warn people and dealers about the dangers of trafficking fentanyl while helping to ensure that repeat offenders are held accountable.”
Senate Bill 44 (SB 44) introduces the California Fentanyl Admonishment, otherwise known as Alexandra’s Law, which is modeled after the state’s current DUI Advisory. The admonishment required by SB 44 will help law enforcement and prosecutors establish implied malice in cases of drug-induced death resulting from fentanyl sold or furnished by a previously convicted dealer or trafficker. The California Department of Public Health reported in 2021 that of the 6,843 overdose deaths, 5,722 were related to fentanyl – a trend that has continued to this day.
By passing Alexandra’s Law, the Legislature would provide an additional tool for prosecutors to hold fentanyl traffickers who reoffend accountable.
Senate Bill 64 (SB 64) will allow a court to issue a search warrant when the property or things to be seized consists of evidence indicating a misdemeanor hate crime has occurred or is occurring. Under existing law, law enforcement (with limited exceptions) could only seek a search warrant for felony offenses. Many hate crime offenses qualify as either a felony or misdemeanor, with the harm resulting in a more debilitating effect on a victim and on members in the victim’s community.
“Californians are having to face hate in all forms because of the color of their skin, who they love, who they are, or which religion they practice,” said District Attorney Brooke Jenkins. “We must have a zero-tolerance policy for any offense that is motivated based on someone’s identity. Hate crimes create lasting psychological impacts on a victim and incites fear in community members who share the same belief or perception. SB 64 provides law enforcement with the ability to seek a judicially-approved tool that will combat all hate crimes and help prosecutors hold all offenders who commit bias-motivated threats or attacks accountable.”
District Attorney Jenkins was joined by Mayor Todd Gloria (D-San Diego), and Matt Capelouto, who is the father of Alexandra Capelouto who tragically lost her life due to fentanyl poisoning, in support of SB 44. The bill ultimately failed to get out of the Senate Public Safety Committee but was granted reconsideration. On SB 64, District Attorney Jenkins was joined by Marin County District Attorney Lori Frugoli to testify in support, which successfully was voted out of the Senate Public Safety Committee and will now go to the Senate Appropriations Committee.