Does the rule of abatement apply when a section of the Health and Safety Code is substantially reenacted without substantive change?

California, United States of America


The following excerpt is from People v. Hernandez, B263843 (Cal. App. 2018):

1. Health and Safety Code section 11364.1 was repealed effective January 1, 2015, and reenacted without substantive change in Health and Safety Code section 11364. (Stats. 2014, ch. 331, 8 [repealed]; Stats. 2011, ch. 738, 10 [reenacted]; see People v. Colbert (1988) 198 Cal.App.3d 924, 928-929 [rule of abatement "does not apply when the repealed statute is substantially reenacted"].)

2. All undesignated statutory references are to the Penal Code.

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