California Democrats strike down Alexandra's Law, bill proposing harsher penalties for fentanyl dealers

It was more heartache for the family of a 20-year-old Temecula woman after California state Democrats struck down legislation aimed at strengthening penalties for fentanyl dealers. 

"I'm just sorry because more people are going to die," said Matt Capelouto, the father of the woman. "And it might not be the politically correct thing to say, these senators have blood on their hands."

In Sacramento, tensions boiled as the State Senate's Public Safety Committee debated the bill SB 44, dubbed Alexandra's Law, as parents yelled at lawmakers to hold drug dealers accountable. The proposed legislation was named after Capelouto's daughter who died in her home after suffering a fentanyl overdose in 2019. 

Under the proposed law, convicted fentanyl dealers would get a required warning from judges. After the warning, if they dealt drugs that resulted in someone's death they would be subject to a harsher sentence. Despite bipartisan support, the bill failed to get past the committee stage as Democrats raised questions on how dealers would know, or should know, if their drugs contained fentanyl. 

"The concern is that there is no real evidence that this would limit overdose deaths," said Senator Nancy Skinner, a Democrat that represents Oakland. 

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Santa Ana Democratic State Senator Tom Umberg, who authored the bill, disputed his colleagues' claims. 

"We do have evidence," said Umberg. "We have evidence this kind of law does save lives."

Umberg based his assertions on the existing policies regarding drunk driving.

"The evidence that we have comes from folks that have been convicted of drunk driving," he said. "People have been convicted of drunk driving for decades and have been warned; If you drink and drive intoxicated again, and you kill somebody, you're going to face increased punishment. And we've seen the evidence of drunk driving going down."

Capelouto was crushed by two Democrats to vote down the bill.

"My daughter is not coming back," he said. "That's what we have to do now, is fight for others. Try to prevent other families from having to live this nightmare and that's what it's all about."

Political experts said that lawmakers are in a bind because passing new laws punishing dealers raise a number of questions.

"It's really difficult to tie who touched this fentanyl before the individual who took it and passed away," said LMU professor Fernando Guerra. "Is it the individual that sold it, or the individual that made it — or transported it. It's not clear to me."

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Since the bill was struck down, it cannot be voted on again. This does not mean similar legislation cannot be introduced. Parents like Capelouto vowed to keep fighting to protect other families from tragedy.