California Laws We Support
Alexandra’s Law
Alexandra’s Law, named in honor of Alexandra Capelouto, is a groundbreaking piece of legislation aimed at addressing the deadly impact of fentanyl poisoning and holding individuals accountable for their role in drug-related deaths. Incorporated into Proposition 36, this law introduces a critical framework for combating the epidemic of fentanyl and illicit drug related deaths. Here’s an overview of Alexandra’s Law and how it works:
What is Alexandra’s Law?
Alexandra’s Law is a drug-related homicide deterrence measure designed to combat the alarming rise in fentanyl-related deaths. It seeks to increase awareness and accountability among drug dealers by implementing the following key provisions:
1. Notification Requirement: Individuals convicted of a drug related offense receive a formal court warning about the life-threatening consequences of their actions. This warning notifies offenders that if someone dies as a result of the drugs they sell in the future, they could face charges for homicide.
2. Enhancing Accountability: If a dealer, after receiving the court’s warning, continues to sell drugs and causes a death due to their actions, prosecutors can charge them with second-degree murder or similar homicide charges under California law. This deterrent aims to make dealers think twice about their role in perpetuating the fentanyl crisis.
3. Public Safety Focus: The law is not designed to target casual users or individuals struggling with addiction. Its intent is to focus on repeat offenders and those deliberately engaging in the distribution of lethal substances, particularly when they knowingly endanger lives.
How Alexandra’s Law Works
- First Conviction: When an individual is convicted of a drug related offense, the court formally delivers a written and verbal advisory. This ensures they are fully aware of the deadly consequences of their actions and the potential for future homicide charges.
- Subsequent Actions: If that individual is later involved in another instance of drug distribution that results in someone’s death, the prior advisory serves as evidence of premeditation or reckless disregard for human life, enabling prosecutors to pursue harsher penalties, including second-degree murder charges.
Why Alexandra’s Law Matters
The rise of fentanyl-related deaths has devastated families across California and the nation, often claiming young lives like Alexandra Capelouto’s. Alexandra’s Law provides a proactive tool to deter drug dealers, hold repeat offenders accountable, and educate those involved in drug distribution about the severe and often fatal consequences of fentanyl.
By creating a legal pathway to treat drug-related deaths as homicides when dealers act with clear disregard for human life, Alexandra’s Law sends a powerful message: Illicit drug deaths are not accidents but preventable tragedies that warrant justice.
This law represents a compassionate yet firm step in addressing the fentanyl crisis while honoring Alexandra’s legacy, the countless victims of fentanyl poisoning, and the families who, alongside the Capeloutos, fought tirelessly to pass Alexandra’s Law and prevent similar tragedies for others.
Alexandra’s Law
SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or
no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5,
11379, 11379.5, or 11379.6 involving a hard drug, of the following:
“You are hereby advised that it is extremely dangerous and deadly to human life
to illicitly manufacture, distribute, sell, furnish, administer, or give away any
drugs in any form, including real or counterfeit drugs or pills. You can kill
someone by engaging in such conduct. All drugs and counterfeit pills are
dangerous to human life. These substances alone, or mixed, kill human beings
in very small doses. If you illicitly manufacture, distribute, sell, furnish,
administer, or give away any real or counterfeit drugs or pills, and that conduct
results in the death of a human being, you could be charged with homicide, up
to and including the crime of murder, within the meaning of Section 187 of the
Penal Code.”
(c) The advisory statement shall be provided to the defendant in writing, either
on a plea form if used, as an addendum to a plea form, or at sentencing, and
the fact that the advisory was given shall be specified on the record and
recorded in the abstract of the conviction.