Dist Office of the District Attorney Orange County, California Todd Spitzer August 11, 2023 The Honorable Maria D*

Recommendations 3

• R1

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  Requires Further Analysis While OCDA supports all efforts to combat the fentanyl crisis and coordinating with other agencies to address the crisis is a worthy goal, to fully comment on this recommendation would require input from other stakeholders/agencies and consultation with the Board of Supervisors, seemingly charged as the chartering body of this endeavor. The scope of the analysis is likely to include
• R2

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  Has Been Implemented Fentanyl-related issues remain on the forefront of the OCDA's legislative platform. OCDA has and continues to lobby the California State Legislature for increased penalties in fentanyl-related crimes. Specifically, OCDA is a lead supporter of: 1) AB 701 (Villapudua) [seeking to add a penalty enhancement for possession a kilo or more of fentanyl]; and 2) AB 367 (Mainschein) [seeking to attach a great bodily injury enhancement to drug trafficking crimes that lead to serious injury or death of the user]. OCDA is also a supporter of: 1) SB 226 (Alvarado Gill); and 2) AB 675 (Soria) [both seeking a penalty enhancement when carrying a loaded firearm while in possession of fentanyl]. In November 2021, OCDA announced the adoption of a new policy to implement a fentanyl advisement in Orange County, warning drug dealers that if they sell fentanyl and other dangerous narcotics and someone dies, they can be charged with murder. OCDA continues its efforts to make that advisement state law. OCDA has and continues to lobby the California State Legislature to add statutory authority for judicial admonishments when defendants are convicted of manufacturing or distributing fentanyl. Through its lead support of SB 44 (Umberg) and support of AB 18 (Patterson), OCDA plays a key role in attempting to deter future deadly conduct. Such advisements would provide notice similar to that currently mandated for DUI offenders, advising those that manufacture or distribute deadly fentanyl of the danger and potential consequences of their actions. Finally, as a member of the California District Attorneys Association (CDAA), OCDA takes part in further lobbying efforts related to penalties and admonishments for fentanyl distribution. OCDA is a part of and coordinates with the CDAA's Legislation Committee Fentanyl Working Group.
• R3

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  Has Not Yet Been Implemented, But Will Be Implemented in the Future, With Qualification. While it is unclear what "work with social media companies" means, OCDA can contact social media companies to inquire about their data retention policies, requirements when submitting search warrants and subpoenas for documentation, and procedures for the timely compliance with requests for data and other information. This could help ensure that law enforcement has timely access to drug-related criminal activity information on their platforms. The timeframe for implementation of this recommendation is approximately three (3) months. In addition, modifications to company business practices, including prohibition of certain activities, retention of data and accelerated access to law enforcement, are goals that may be best addressed legislatively. To that end, OCDA is a lead supporter of AB 1027 (Petrie Norris). This legislation will help strengthen California's efforts to combat online drug sales by: a) Strengthening reporting and retention policies by requiring social media companies to post their policy regarding accounts actioned for drug related offenses; b) Ensuring greater transparency and accountability efforts from social media platforms in California; c) Requiring social media companies to retain data of accounts that violate their drug policies; and d) Requiring the Attorney General to create a clear and designated point of contact in their office to direct proactive reports related to drug activity where imminent threat to life is identified. If AB 1027 is eventually enacted into law, ensuring that law enforcement has timely access to drug- related criminal activity information on their platforms will be enhanced.