Contra Costa Herald

Jesus’ Birth Foretold

Now in the sixth month the angel Gabriel was sent from God to a city in Galilee called Nazareth, to a virgin engaged to a man whose name was Joseph, of the descendants of David; and the virgin’s name was Mary. And coming in, he said to her, “Greetings, favored one! The Lord is with you.” But she was very perplexed at this statement and kept pondering what kind of salutation this was.

The angel said to her, “Do not be afraid, Mary; for you have found favor with God. And behold, you will conceive in your womb and bear a son, and you shall name Him Jesus. He will be great and will be called the Son of the Most High; and the Lord God will give Him the throne of His father David; and He will reign over the house of Jacob forever, and His kingdom will have no end.”

Mary said to the angel, “How can this be, since I am a virgin?” The angel answered and said to her, “The Holy Spirit will come upon you, and the power of the Most High will overshadow you; and for that reason, the holy Child shall be called the Son of God. And behold, even your relative Elizabeth has also conceived a son in her old age; and she who was called barren is now in her sixth month. For nothing will be impossible with God.”

And Mary said, “Behold, the bondslave of the Lord; may it be done to me according to your word.” And the angel departed from her.

The Birth of Jesus

In those days Caesar Augustus issued a decree that a census should be taken of the entire Roman world. (This was the first census that took place while Quirinius was governor of Syria.) And everyone went to their own town to register.

So Joseph also went up from the town of Nazareth in Galilee to Judea, to Bethlehem the town of David, because he belonged to the house and line of David. He went there to register with Mary, who was pledged to be married to him and was expecting a child. While they were there, the time came for the baby to be born, and she gave birth to her firstborn, a son. She wrapped him in cloths and placed him in a manger, because there was no guest room available for them.

And there were shepherds living out in the fields nearby, keeping watch over their flocks at night. An angel of the Lord appeared to them, and the glory of the Lord shone around them, and they were terrified. But the angel said to them, “Do not be afraid. I bring you good news that will cause great joy for all the people. Today in the town of David a Savior has been born to you; he is the Messiah, the Lord. This will be a sign to you: You will find a baby wrapped in cloths and lying in a manger.”

Suddenly a great company of the heavenly host appeared with the angel, praising God and saying, “Glory to God in the highest heaven, and on earth peace to those on whom his favor rests.”

When the angels had left them and gone into heaven, the shepherds said to one another, “Let’s go to Bethlehem and see this thing that has happened, which the Lord has told us about.”

So, they hurried off and found Mary and Joseph, and the baby, who was lying in the manger. When they had seen him, they spread the word concerning what had been told them about this child, and all who heard it were amazed at what the shepherds said to them. But Mary treasured up all these things and pondered them in her heart. The shepherds returned, glorifying and praising God for all the things they had heard and seen, which were just as they had been told.

On the eighth day, when it was time to circumcise the child, he was named Jesus, the name the angel had given him before he was conceived.

From the Bible in the Book of Luke, Chapter 1, verses 26-38 NASB; and Chapter 2, verses 1-14, NIV.

Provided courtesy of the Contra Costa Herald.

Larry Neal, Jr. in 2017. Photo by Pittsburg PD

3rd arrest this year for Larry Neal, Jr. who was also injured and has history of arrests

By Pleasant Hill Police Department

The Pleasant Hill Police Department is investigating a shooting that injured an adult male and a child. Two arrests have been made.

On December 23, 2024, at about 11:49AM, the Pleasant Hill Police received several calls about numerous gunshots in the area of Contra Costa Blvd. and Vivian Drive. Responding officers were quickly able to locate three vehicles that were involved in the incident. The driver of one of the vehicles, Larry Neal, was struck by gunfire in the hand. A 7-year-old child was inside one of the involved vehicles and sustained minor injuries. Both were treated and released from local hospitals.

The investigation shows that this incident began as a custody dispute between the parents of the injured child and was not a random act. The occupants of two of the vehicles exchanged gunfire with one another at close range.

Contra Costa Blvd. was closed to traffic for several hours but has since reopened.

Alexis Janay Sidney (age 38, born June 9, 1986) of Brentwood was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle

Larry Darryl Neal, Jr. (age 27, born Dec. 6, 1997) of Antioch was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle, and PC 29800(a)(1)- Convicted Felon in Possession of a Firearm.

Both were booked at the Martinez Detention Facility.

Our agency is still actively investigating the shooting and ask that anyone with information contact the Pleasant Hill Police Department Investigations Division at (925) 288-4630

Case Number: 24-3760

According to NBC Bay Area news report, the two are parents of the child and the gunfire was over a custody dispute.

Neal Has History of Arrests

According to the Contra Costa Sheriff’s Department, Neal is five-foot, 11-inches tall, 189 pounds and his being held on $400,000 bail.

According to localcrimenews.com, Neal is Black and was arrested twice this year and twice in 2022. On Jan. 24 he was arrested by Richmond PD for multiple gun charges and on Jan. 25 he was arrested by Contra Costa Sheriff’s Deputies also for multiple gun charges, as well as hit-and-run and evading a police officer with wanton disregard for safety. On Feb. 18, 2022, Neal was arrested by Antioch PD for gun charges including addict in possession of firearm, possession of ammunition and carrying a loaded firearm when not the registered owner. He was arrested later that year on July 23 by Dublin CHP for assault against a peace officer or emergency personnel, driving while under the combined influence of drugs and alcohol and possession of an open container while driving.

As previously reported, in 2017 Neal was wanted by police for fatally shooting a 43-year-old Bethel Island man, Robert Hopkins, Jr., near the Baskin-Robbins in Pittsburg. He later turned himself in. During the trial a video was shown and according to an East Bay Times report, “The shooting, both defense and prosecuting attorneys agreed, was the culmination of a brief, spontaneous argument between Hopkins, Neal, and Neal’s then-pregnant girlfriend, that began with a stare-down between the two men. After Hopkins ran toward the couple, Neal fired five shots at him, striking him four times, according to testimony.” Neal’s public defender argued Neal fatally shot the Hopkins while defending his pregnant girlfriend to get the charges reduced but the judge in the case struck it down. However, the jury convicted Neal of manslaughter. Neal appealed the conviction, and it was later reduced to unlawful firearm activity and his sentence was vacated.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 176-pound Sidney is being held in the West County Detention Center on $350,000 bail.

Allen D. Payton contributed to this report.

Photos source: Kaiser Permanente.

Among 6 Kaiser Nor Cal hospitals ranked as nation’s Top Hospitals by The Leapfrog Group

By Antonia Ehlers, PR & Media Relations, Kaiser Permanente Northern California

Six Kaiser Permanente Northern California hospitals are among the top hospitals in the nation for providing safe, high-quality patient care, according to the Leapfrog Group’s 2024 Top Hospital award.

The highest-performing hospitals on the Leapfrog Hospital Survey are recognized annually with the prestigious Leapfrog Top Hospital award, considered one of the most elite and competitive honors a hospital can receive. In 2024, only 134 hospitals nationwide, or less than 6% of the nearly 2,400 eligible hospitals, were recognized.

The six Kaiser Permanente Northern California hospitals to receive the award include: Antioch, Manteca, Modesto, San Jose, San Rafael and South San Francisco. The Leapfrog Group also recently recognized 14 Kaiser Permanente Northern California hospitals with an “A” rating for patient safety.

Kaiser Foundation Hospital Antioch was recognized as a Top Teaching Hospital.

View this hospital’s full score.

View this hospital’s Leapfrog Hospital Survey Results

“Our hospitals are recognized consistently as among the best in the nation for providing safe, equitable, high-quality patient care, which is a top priority for our care teams and the staff and employees who support them,” said Carrie Owen Plietz, FACHE, president of Kaiser Permanente’s Northern California region. “Focusing on safety and quality enhances clinical outcomes and supports our patients’ journey toward improved health.”

Only 29 California hospitals received the Leapfrog Top Hospital award. Kaiser Permanente Northern California’s 6 hospitals represent more than 20% that were recognized.

The Leapfrog Top Hospital award is based on excellence in upholding quality standards across several areas of patient care including staffing, hand hygiene, infection rates, practices for safer surgery, maternity care, and error prevention. Hospitals must have also received an “A” Leapfrog Hospital Safety Grade in the most recent round of scoring to be eligible for the Top Hospital award.

“This recognition reflects the dedication of our highly trained clinical teams who provide exceptional quality care with compassion,” said Maria Ansari, MD, FACC, chief executive officer and executive director of The Permanente Medical Group. “Kaiser Permanente continues to be ranked among the best for providing high-quality care, focusing on the overall health and well-being of those we serve.”

The annual Top Hospital award is given to both teaching and general medical centers. Kaiser Permanente Antioch, San Jose, and South San Francisco are named top teaching hospitals and Kaiser Permanente Manteca, Modesto, and San Rafael are named top general hospitals.

The Leapfrog Group is an independent national nonprofit run by employers and other large purchasers of health care benefits. It is an independent advocacy group working with a broad range of partners, including hospitals and insurers.

Allen D. Payton contributed to this report.

Photos source: BATA

For $2 billion in maintenance, preservation and operation of Bay Area’s seven state-owned bridges.

Contra Costa’s representatives voted in favor of 50-cent annual increases beginning Jan. 1, 2026.

By Allen D. Payton

After extending the period for public input, on Wednesday, Dec. 18, 2024, the Bay Area Toll Authority (BATA) Board of Directors voted 15-0-1 to approve toll increases and other toll policy changes for the Bay Area’s seven state-owned bridges beginning Jan. 1, 2026. Tolls will increase to as much as $11.50 by 2030.

According to BATA spokesman John Goodwin, the vote passed “by all 16 members present save one abstention from a brand-new commissioner, Alameda Mayor Marilyn Ezzy-Ashcraft, who represents the cities of Alameda County.”

The board consists of 21 members, with 18 voting members, he shared. Pleasant Hill Mayor Sue Noack, who represents the cities of Contra Costa, and Contra Costa District 5 Supervisor Federal Glover, who represents the County, both voted in favor of the toll increases.

A phased toll increase starting in 2026 is proposed to fund the Toll Bridge Capital Improvement Plan, which includes almost $2 billion of investment which will be used exclusively for the maintenance, preservation and operation of the San Francisco-Oakland Bay Bridge and the Antioch, Benicia-Martinez, Richmond-San Rafael, Carquinez, Dumbarton and San Mateo-Hayward bridges.

The Bay Area’s seven state-owned toll bridges are structurally sound and in good repair. State law requires BATA — working in partnership with Caltrans — to keep them that way.

The toll increases are separate from the $3 increase approved by Bay Area voters in 2018 through Regional Measure 3 to finance a comprehensive suite of highway and transit improvements around the region. The first of the three $1 Regional Measure 3 increases went into effect in 2019, followed by another in 2022. The last of the RM 3 toll hikes will go into effect Jan. 1, 2025, bringing the toll for regular two-axle cars and trucks to $8.

Summary of the 2026 Toll Increase

Toll rates include the last voter-approved Regional Measure 3 (RM 3) toll increase that goes into effect January 1, 2025.

To encourage electronic toll payment with FasTrak® tags, tolls and help recoup the increased costs of collecting tolls via pre-registered license plate accounts or invoices, on Jan. 1, 2027 will also rise by 25 cents for customers who pay with a pre-registered license plate account and on January 1, 2027 will rise by $1 for tolls paid by invoice.

Two-Axle Vehicle Toll increase schedule 2026-30. Source: BATA

Toll Increase: Two-Axle Vehicle Toll

The toll rate update includes an increase of 50 cents a year from 2026 through 2030 for two-axle vehicles. This phased-in approach is similar to the Golden Gate Bridge’s recent multi-year update to its toll schedule.

*HOV rate is 50% of two-axle FasTrak rate.

Three-Axle or More Vehicle Toll increase schedule 2026-30. Source: BATA

Toll Increase: Three-Axle or More Vehicle Toll

Tolls for multi-axle vehicles also will rise by 50 cents per axle per year from 2026 through 2030.

Multi-axle differential pricing:

• Invoices: +$1.00 per transaction starting January 1, 2027
• License plate account: + $0.25 per transaction starting January 1, 2027

A Precedent for Tiered Pricing

The Golden Gate Bridge, Highway and Transportation District has used a tiered pricing schedule at the Golden Gate Bridge since 2014.

Golden Gate Bridge tolls by July 2028 will range from $11.25 for FasTrak to $11.50 for license plate accounts to $12.25 for invoice customers.

Summary of the Changes to High-Occupancy Vehicle (HOV) Policies

BATA is also making changes to HOV policies. To provide regional consistency and to support the future deployment of open-road tolling at the state-owned bridges, the changes will establish a uniform three-person occupancy requirement for the discounted toll during weekday commute periods at all seven bridges. It will also allow vehicles with two occupants to use the carpool lanes on the approaches to all bridges except the San Francisco-Oakland Bay Bridge. These two-occupant vehicles will not receive the discounted toll but will be able to use the carpool lanes to save time traveling through the toll plazas.

BATA’s existing toll schedule allows vehicles with three or more occupants (HOV 3+) a discounted toll (half-price), with a two-person (HOV 2+) occupancy requirement for the discounted tolls at the Dumbarton and San Mateo-Hayward bridges. To provide regional consistency and to support the future deployment of open-road tolling at the state-owned bridges, the new policy will establish a uniform three-person occupancy requirement for the discounted toll during weekday commute periods at all seven bridges. The discounted toll rate is available weekdays from 5 to 10 a.m. and from 3 to 7 p.m.

The policy changes will also allow vehicles with two occupants to use the carpool lanes on the approaches to the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges. These two-occupant vehicles will not receive the discounted toll but will be able to use the carpool lanes to save time traveling through the toll plazas. There will be no change at the San Francisco-Oakland Bay Bridge, where volumes of vehicles with three or more occupants are much higher than those at other bridges. Use of the carpool lanes on approaches to the Bay Bridge will still require a minimum of three occupants.

In addition to establishing region-wide consistency for the carpool toll discount, the policy changes are designed to:

• Improve safety on the toll bridge approaches by minimizing “weaving” between lanes.
• Optimize lane configurations as now-obsolete toll booths are removed as part of the bridges’ transition to open-road tolling.
• Increase person-throughput by prioritizing access for buses and carpools.

Read more about the BATA toll increases, here.

See BATA Board meeting agenda items 24-1571 through 24-1575. Watch meeting video.

By Contra Costa Health, Housing and Homeless Services

What is the Point in Time Count?

The Point-in-Time (PIT) Count provides a comprehensive snapshot of individuals experiencing homelessness—both sheltered and unsheltered—on a single night in late January. Mandated by the U.S. Department of Housing and Urban Development (HUD), this annual count requires Continuums of Care to account for sheltered individuals who are in emergency shelters, transitional housing, and safe havens, as well as unsheltered individuals who live in places not meant for human habitation like cars, parks, sidewalks, and abandoned buildings.

As a result, the Continuum of Care (CoC) must submit PIT Count data to HUD. This data is collected across the country to estimate homelessness and provide information about the demographics of people experiencing homelessness.

This information is used to decide how much funding communities get to help with homelessness.

Source: CCC CoC

Data collected from the Point-in-Time Count helps identify

• The causes of homelessness
• Create better policies, programs and funding allocations
• Track progress in reducing homelessness

What Am I Being Asked To Do?

• Be part of a one-day, county-wide project to count unsheltered people in Contra Costa
• Work in a pair [with someone you know or we can pair you with someone]
• Either drive (if you have a car) or capture data on an iPhone-based app with someone else while they drive
• Choose the area where you will do the count (with some limitations)

When Do You Need Me?

• The week of January 13th for one (1) two hour IN PERSON Volunteer Training. You will select when/where you want to do the training when you register
• Thursday, January 30th from 5:30 am – 9:00 am for the actual count!

How Do I Sign Up?

• Click here:  Volunteer Registration

How do I learn more about the Point in Time Count?

• Click hereto learn more

How do I tell my friends and family about this volunteer opportunity?

• Download and share this flyerwith them!

Volunteers must follow these three steps!

• Register: Complete Volunteer Registration Form
• Train: Check Out Training Dates
• Count: Kick-Off Site Locations

Questions?

• Email contracostacoc@cchealth.org or call/text (925) 464-0152.

Tuesday & Wednesday, Dec. 24 & 25

SACRAMENTO – As families prepare to celebrate the holidays, the California Highway Patrol (CHP) reminds everyone to prioritize safety on the road. To keep travelers safe throughout the busy holiday season, the CHP is initiating the first of two statewide Maximum Enforcement Periods (MEP) this month to reduce traffic incidents by targeting unsafe driving behaviors and assisting motorists.

The CHP’s Christmas MEP begins at 6:01 p.m. on Tuesday, December 24, and continues until 11:59 p.m. on Wednesday, December 25. During this period, the CHP will increase patrols throughout the state to deter dangerous driving behaviors, including impaired driving, speeding, distracted driving and seat belt violations. The CHP also encourages the public to report unsafe drivers by calling 9-1-1.

“This time of year is about celebrating with family and friends, but it’s also a time when traffic incidents increase due to poor driving decisions,” said CHP Commissioner Sean Duryee. “Each of us has a role in making California’s roads safer. Let’s work together to keep this holiday season free of tragedy.”

Last year, during the 78-hour Christmas MEP, 20 people lost their lives in crashes within CHP jurisdiction. In addition, CHP officers made over 900 arrests for driving under the influence.

Let’s make safety our top priority on the road! Buckle up, drive responsibly, and if you’re celebrating, always plan for a sober ride. Your thoughtful choices can help prevent crashes and keep California’s roads safe for everyone. Celebrate wisely and drive with care!

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Increases penalties for shoplifting and certain drug crimes

On Dec. 13, California Attorney General Rob Bonta issued an Information Bulletin to all law enforcement agencies in the state about Proposition 36 which passed overwhelmingly in November and went into effect on Wednesday, Dec. 18th. The bulletin highlights the statutory changes and additions made to current law under the proposition known as “The Homelessness, Drug Addiction, and Theft Reduction Act.”

“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said Attorney General Bonta. “Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on.”

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include the creation of new felony theft and drug crimes targeting recidivist offenders, removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h) as opposed to state prison, and alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

Following is Bonta’s Information Bulletin:

TO: ALL CALIFORNIA LAW ENFORCEMENT AGENCIES PROPOSITION 36: “The Homelessness, Drug Addiction, and Theft Reduction Act”

On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include: (1) the creation of new felony theft and drug crimes targeting recidivist offenders; (2) removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h); and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

The purpose of this bulletin is to highlight the statutory changes and additions made by Proposition 36.

CHANGES UNDER PROPOSITION 36 RELATING TO THEFT AND PROPERTY DAMAGE

Penal Code section 490.3 (Aggregation of Losses in Multiple Thefts): Proposition 36 creates a new Penal Code section 490.3 which permits aggregation of the value of property or merchandise stolen during multiple thefts to meet the $950 threshold for a felony without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan. This new section applies to theft or shoplifting, including, but not limited to, violations of Penal Code sections 459.5, 484, 488, and 490.2.

Penal Code section 490.3 applies “notwithstanding any other law,” and is therefore broader than other laws such as Penal Code section 487, subdivision (e) and the new Penal Code section 12022.10,1

1 which would permit aggregation only in limited circumstances, such as if the acts were motivated by one intention, one general impulse, and one plan, or only if there was a common scheme or plan, respectively.

Penal Code section 666.1 (Felony Crime of Theft with Two Prior Thefts): Penal Code section 666.1 is a new, recidivist felony offense of committing petty theft or shoplifting while having two or more prior misdemeanor or felony convictions for specified theft-related crimes. A first conviction under Penal Code section 666.1, subdivision (a)(1) is punishable in county jail pursuant to Penal Code section 1170(h), second or subsequent convictions are punishable in county jail or state prison. Other notable aspects of Penal Code section 666.1 include:

• There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Penal Code section 666.1(a)(1)—all prior convictions qualify, regardless of when they occurred.
• Although Penal Code section 666.1 does not mandate that the two or more specified prior convictions be alleged in the accusatory pleading, existing authority suggests that the prior convictions must be alleged and proved at preliminary hearing so a defendant can be held to answer on a Penal Code section 666.1 charge. (See People v. Casillas (2001) 92 Cal.App.4th 171.)
• Section 666.1 applies “notwithstanding any other law,” meaning that it will apply even if a defendant could alternatively have been prosecuted for a misdemeanor theft-related charge pursuant to another statute.
• Upon arrest on a Penal Code section 666.1 charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee’s risk to public safety and likelihood to return to court.

Penal Code section 12022.6 (Excessive Takings Enhancement): Proposition 36 re-enacts and modifies several aspects of the Penal Code section 12022.6 enhancement, which was repealed at the end of 2017 because of a sunset date. Penal Code section 12022.6 applies when an offender takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Penal Code section 496 (possessing/receiving/selling stolen property). This enhancement must be pled and proved. The enhancements are as follows:

• One-year enhancement – loss or property value over $50,000
• Two-year enhancement – loss or property value over $200,000
• Three-year enhancement – loss or property value over $1 million
• Four-year enhancement – loss or property value over $3 million
• One-year enhancement for every additional loss or property value of $3 million (imposed in addition to the four-year, $3 million enhancement)

The enhancements may be imposed if the combined losses to the victims or the combined property values from all felonies exceed the threshold amounts and arise from a common scheme or plan. The enhancement permits the court to impose a Penal Code section 12022.6 enhancement and another enhancement on a single count, including an enhancement pursuant to new Penal Code section 12022.65 (acting in concert to take, damage, or destroy property—see below). Thus, a defendant may be punished for both acting in concert (Pen. Code § 12022.65) and for taking or damaging property valued at more than $50,000 (Pen. Code § 12022.6). The punishment specified in Penal Code sections 12022.6, subdivisions (a)(1) and (a)(2) will continue to apply where Penal Code section 186.11 has been charged, as it previously did.2

Penal Code section 12022.65 (Theft or Property Damage In-Concert Enhancement): Penal Code section 12022.65 is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony. This enhancement has a range of one, two, or three years and must be pled and proved.

CHANGES UNDER PROPOSITION 36 RELATING TO CONTROLLED SUBSTANCES

Health and Safety Code section 11369 (Warning to Dealers of Hard Drugs): Proposition 36 creates a new section 11369 in the Health and Safety Code section 11369 which requires the trial court to advise anyone convicted of a violation of Health and Safety Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug,3 that distributing, selling, furnishing, administering, giving away, or manufacturing any drug is extremely dangerous and deadly to human life, and if the conduct continues, the defendant can be charged with homicide, up to and including murder.4 The admonishment must be given to the defendant in writing and the court record must reflect that the admonishment was given.

Health and Safety Code section 11370.1 (Possessing a Drug While Armed with a Firearm): Health and Safety Code section 11370.1 is modified by Proposition 36 to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl. Health and Safety Code section 11370.1 continues to apply to substances containing cocaine, cocaine base, heroin, methamphetamine, or phencyclidine, and continues to provide punishment of two, three, or four years in state prison.

Health and Safety Code section 11370.4 (Controlled Substance Weight Enhancement): Health and Safety Code section 11370.4 is modified by Proposition 36 by adding a new subdivision (c), which provides a range of enhancements for a violation of Health and Safety Code sections 11351, 11352, or a conspiracy to violate either section, involving fentanyl.5 The following chart breaks down the nine new weight enhancements for fentanyl in specific quantities:

Source: Office of the CA Attorney General

New subdivision (e) provides that notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of an underlying violation specified in Health and Safety Code section 11370.4 (e.g., Health & Saf. Code §§ 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5) who admits a weight enhancement or for whom a weight enhancement is found true for any of the listed controlled substances, is punishable in state prison and not county jail pursuant to Penal Code section 1170, subdivision (h).

Health and Safety Code section 11395 (“Treatment-Mandated Felony Act”): Proposition 36 creates Health and Safety Code section 11395, a new, recidivist felony offense of possessing a “hard drug” and having two or more prior felony or misdemeanor convictions for specified drug-related crimes. A violation of Health and Safety Code section 11395 is punishable in county jail pursuant to Penal Code section 1170(h) for a first conviction. Subsequent convictions are punishable in state prison. Both first and subsequent convictions are wobblers and eligible for probation unless otherwise prohibited. Other notable aspects of Health and Safety Code section 11395 include:

• Section 11395 applies “notwithstanding any other law,” meaning that it will apply even if a defendant would have been eligible for a misdemeanor drug possession charge (e.g., Health & Saf. Code § 11350 or 11377), Penal Code section 1000 drug diversion, or probation for a non-violent drug possession offense pursuant to Penal Code section 1210.1.
• The two or more prior convictions of specified crimes within Health and Safety Code section 11395, subdivision (c) may be either misdemeanor or a felony convictions.
• There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Health and Safety Code section 11395—all prior convictions qualify, regardless of when they occurred.
• Prior convictions must be pled and proven. (Health & Saf. Code, § 11395, subd. (c).)
• Upon booking for a violation of Health and Safety Code section 11395, subdivision (f) requires judicial review prior to release from custody to make an individual determination of the arrestee’s risk to public safety and likelihood to return to court.

Health and Safety Code section 11395 also provides an option for treatment in lieu of incarceration for its offenses. Health and Safety Code section 11395, subdivision (d) provides that a defendant may choose treatment instead of county jail, state prison, or a grant of probation with county jail as a condition of probation.6 Upon successful completion of the treatment program, the positive recommendation of the  treatment program, and a motion by the defendant, the court shall dismiss the Health and Safety Code section 11395 charge. (Heath & Saf. Code, § 11395, subd. (d)(3).)

Penal Code section 12022, subdivision (c) (Drug Crimes While Personally Armed with a Firearm): Proposition 36 amends Penal Code section 12022, subdivision (c) to provide that the enhancement for individuals convicted of specified drug offenses and who are personally armed with a firearm, must serve the additional term in state prison instead of county jail. Subdivision (c) is further amended to provide that, notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of a specified underlying violation who admits a Penal Code section 12022, subdivision (c) firearm enhancement or has such an enhancement found true, is punishable in state prison even if the underlying offense is a section 1170, subdivision (h) county jail offense.

Penal Code section 12022.7 (Great Bodily Injury (GBI) Enhancement For Drug-Related Injury): Proposition 36 amends Penal Code section 12022.7 to add subdivision (f)(2), which explicitly provides that “a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.” This creates a great bodily injury enhancement that can be charged when the person to whom an offender supplies a drug suffers a serious injury from using the drug, including death.7

1 Penal Code section 12022.10 is a new enhancement created by Senate Bill 1416, effective January 1, 2025, for selling, exchanging, or returning for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business. It also applies to attempted selling, exchanging, or returning, and has a sunset date of January 1, 2030. By contrast, Penal Code section 490.3 does not address the aggregation of sales of stolen property.

2 Assembly Bill 1960, effective on January 1, 2025, adds a Penal Code section 12022.6 excessive taking enhancement that is almost identical to that in Proposition 36. The non-substantive difference is that AB 1960 contains a sunset date of January 1, 2030, and Proposition 36 does not contain a sunset date.

3 “Hard drug” means a controlled substance listed in Health and Safety Code section 11054 or 11055, except that it does not include substances listed in Health and Safety Code section 11054, subdivisions (d) and (e), or, with the exception of methamphetamine, any other substance listed in Health and Safety Code section 11055, subdivision (d). (Health & Saf. Code, § 11369, subd. (d).)

4 Vehicle Code section 23593 similarly provides that, upon conviction of certain Vehicle Code provisions, courts are required to give an advisement about the dangers of drinking and driving, and warn that if someone is killed, the offender can be charged with murder.

5 Health and Safety Code section 11370.4, subdivision (a)(1) removes fentanyl from the list of controlled substances. The modification to Health and Safety Code section 11370.4 puts fentanyl in its own subdivision (c)(1) and lowers the quantity thresholds because fentanyl is more lethal than other substances in small doses. Health and Safety Code section 11370.4, subdivision (a)(1) still applies to heroin, cocaine, and cocaine base and does not change the quantities or punishment for those substances.

6 Section 11395 is a deferred entry of judgment program, in which the defendant must plead guilty or no contest before going into treatment; it is not a diversion program.

7 This new language abrogates the California Supreme Court’s decision in People v. Ollo (2021) 11 Cal.5th 682, which held that furnishing a drug that causes death does not necessarily qualify as personal infliction of great bodily injury.

Allen D. Payton contributed to this report.

Source: Oakley PD

4th arrests this year for both suspects each with history of additional arrests

By Oakley Police Department

On December 17, 2024, Chief Beard stated “Criminals beware — the officers of the Oakley Police Department are diligent in detecting crime and locating offenders. It is our desire to see no crime occurring at all, but if it does, and if you are the one committing it, we will commit our resources towards finding you and arresting you.” The next day the officers of the Oakley Police Department fully executed the meaning of that statement…

On December 18, 2024, at 1:46PM a victim who resides in the 800 block of Walnut Drive was not at home but reported seeing a person steal a package from the front porch via a Ring camera. The suspect fled in a green Kia vehicle. Officers began working on this case and started conducting follow-up investigations on it.

At 2:34PM Officer Palmer responded to the 4300 block of Redwood Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 3:23PM Officer Palmer responded to the 400 block of Devon Court to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 4:34PM Officer Palmer responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 4:39PM Special Services Team Officer Navarrette was conducting follow-up on the string of package thefts and saw what we believed was the suspect vehicle driving in the 200 block of Delta Road. Officer Navarrette stopped the vehicle, and he was assisted by Officers Horn and M. Jackson. Randal Joan Alodee Locke (38, Antioch, born Jan. 15, 1986) and Ashlee Victoria Fletcher (35, Oakley, born June 27, 1989) were both found to be in possession of a plethora of stolen items, most likely from several days/nights of package thievery. Locke and Fletcher were both arrested and booked into jail for these thefts.

Even after these arrests were made, we continued to take reports of package thefts involving Locke and Fletcher:

At 5:02PM Officer Palmer again responded to the 900 block of Almond Drive to take a report of a package theft from a front porch. A video of the theft showed a female wearing a black Hollister hooded sweatshirt removing a package from the porch before fleeing the area.

At 6:27PM Officer M. Jackson responded to the 3800 block of Creekside Way to take a report of multiple packages stolen from the location. The victim’s property was located in possession of Locke and Fletcher and returned.

So far, we have been able to identify a total of eight victims and we have returned their items back to them. One of the victims said every Christmas package she had ordered for her children was stolen from her porch and returned to her by Oakley Officers.

We have not yet identified all victims, and we still have several items of stolen property in our custody. If you believe you were the recent victim of having your packages stolen, please call us at 925-625-8060 and we will try to identify any stolen property belonging to you.

Fourth Arrests This Year for Both Suspects with Additional History of Arrests

According to localcrimenews.com, it’s Locke’s fourth arrest this year, including three by Contra Costa Sheriff’s Deputies on July 2 for vehicle theft and warrants or holds only, Sept. 9 for receiving stolen property – motor vehicle and taking vehicle without the owner’s consent, and Nov. 18 for receiving stolen property – motor vehicle. She was also previously arrested by the Solano County Sheriff’s Deputies in January 2020 for shoplifting, conspiracy to commit a crime, receiving or concealing stolen property, unauthorized use of personal identifying information, again by Antioch PD in Sept. 2020 for warrants or holds only, in Dec. 2021 for receiving stolen property – motor vehicle and in June 2022 for a bench warrant failure to appear on a misdemeanor charge.

According to the Contra Costa Sheriff’s Office, the five-foot, 10-inch tall, 200-pound Locke is Hispanic and is being held in the West County Detention Facility on $20,000 bail.

According to localcrimenews.com, this is also Fletcher’s fourth arrest this year including on March 27th for grand theft
and falsely impersonating another in his or her private or official capacity, on June 2nd for shoplifting not to exceed $950 and on Nov. 4th for warrants or holds only. She also has a history of arrests by both the Contra Costa and Alameda Sheriff’s Departments, plus, Antioch, Concord, Martinez, Dublin and Pleasanton Police Departments dating back to 2020 for crimes including grand theft, possession of burglar’s tools, possession of a controlled substance, possession of drug paraphernalia, possession of controlled substance in a prison, and unlawful use of willfully obtained personal identifying information.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 140-pound Fletcher is also Hispanic and being held in the West County Detention Facility on $20,000 bail.

Allen D. Payton contributed to this report.

Source: Office of CA Attorney General Rob Bonta

Hosts first of a series of regional convenings with immigrant rights groups, elected officials, and others ahead of Inauguration Day 

LOS ANGELES – California Attorney General Rob Bonta on Tuesday, Dec. 17, 2024, issued two guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from the President-elect’s inhumane threats of mass detention, arrests, and deportation. The guidances build on the Attorney General’s announcement earlier this month of updated model policies and recommendations to help public institutions like schools, hospitals, and courts comply with California law limiting state and local participation in immigration enforcement activities. Over the coming weeks, Attorney General Bonta will continue to help Californians prepare for changes to federal immigration policy in convenings with immigrant rights groups, elected officials, and others in Los Angeles, Sacramento, Salinas, San Francisco, and San Diego, where the Attorney General and California Department of Justice (CADOJ) staff will share resources, hear concerns, and discuss ongoing efforts to protect California’s immigrant communities.

“In California, we know that our immigrants are the backbone of our communities, a driving force behind our economy, and an essential part of our history as a state,” said Bonta. “With the President-elect making clear his intent to move forward an inhumane and destructive immigration agenda once he takes office, CADOJ is releasing new and updated guidance to help immigrants understand their rights under the law. In California, we will ensure that the rights of our immigrant communities are respected and protected. I will be convening a series of discussions in the weeks ahead – the first here today in Los Angeles – focused on this essential mission.”

Know Your Immigration Rights and Protections Under the Law

• You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.

• You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.

• You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney.

• State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes.

• State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.

• State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.

The full “Know Your Immigration Rights” consumer alert is available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help:

• Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org.

• Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.

• Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants – who may call themselves immigration experts, notarios, notaries public, or paralegals – cannot do so.

• Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.

For more dos and don’ts, see the full “Immigration Services Fraud” consumer alert available in English, Spanish, Chinese (Simplified), Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Access Free and Low-Cost Legal Assistance 

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

File a Complaint 

If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.

If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.