Bill Text: CA SB1010 | 2013-2014 | Regular Session | Chaptered
Bill Title: Cocaine base: penalties.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 749, Statutes of 2014. [SB1010 Detail]
Download: California-2013-SB1010-Chaptered.html
BILL NUMBER: SB 1010 CHAPTERED
BILL TEXT
CHAPTER 749
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY AUGUST 11, 2014
AMENDED IN ASSEMBLY JUNE 11, 2014
AMENDED IN SENATE MARCH 17, 2014
INTRODUCED BY Senator Mitchell
(Principal coauthor: Senator Hancock)
(Principal coauthor: Assembly Member Ammiano)
(Coauthors: Senators Lara and Leno)
(Coauthors: Assembly Members Bocanegra, Bradford, Donnelly,
Eggman, Gonzalez, Hall, Holden, Jones-Sawyer, Quirk, Ridley-Thomas,
Skinner, Stone, Ting, and Weber)
FEBRUARY 13, 2014
An act to amend Sections 11351.5 and 11470 of the Health and
Safety Code, and to amend Section 1203.073 of the Penal Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1010, Mitchell. Cocaine base: penalties.
Existing law provides that every person who possesses for sale or
purchases for purposes of sale cocaine base is subject to
imprisonment in a county jail for a period of 3, 4, or 5 years.
This bill instead would provide that every person who possesses
for sale or purchases for purposes of sale cocaine base is subject to
imprisonment in a county jail for 2, 3, or 4 years.
Existing law generally provides that the interest of any
registered owner of a boat, airplane, or any vehicle, except as
specified, that has been used to facilitate the manufacture of, or
possession for sale or sale of, 14.25 grams or more of cocaine base
or 28.5 grams or more of cocaine is subject to forfeiture, as
specified.
This bill would revise that provision to instead make property
that has been used to facilitate the manufacture of, or possession
for sale or sale of, 28.5 grams or more of cocaine base or cocaine
subject to forfeiture.
Existing law, except in unusual cases, prohibits granting
probation or suspending a sentence for persons convicted of specified
crimes relating to controlled substances, including possessing for
sale a substance containing 57 grams or more of a substance
containing cocaine, 14.25 grams or more of cocaine base, or 57 grams
or more of a substance containing at least 5 grams of cocaine base,
and transporting or importing for sale, selling, or offering to sell
cocaine base.
This bill would delete those provisions and would instead
prohibit, except in unusual cases, granting probation or suspending a
sentence for persons convicted of possessing for sale or selling a
substance containing 28.5 grams or more of cocaine base or 57 grams
or more of a substance containing at least 5 grams of cocaine or
cocaine base.
By making additional persons eligible for probation, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Fair Sentencing Act.
SEC. 2. (a) The Legislature finds and declares that cocaine
hydrochloride (powder cocaine) and cocaine base (crack cocaine) are
two forms of the same drug, the effects of which on the human body
are so similar that to mete out unequal punishment for the same crime
(e.g., possession for sale of a particular form of cocaine), is
wholly and cruelly unjust.
(b) It is the intent of the Legislature in enacting this act to
provide that for the purposes of determining appropriate penalties
for crimes relating to cocaine hydrochloride and cocaine base,
including, but not limited to, the crime of possession, possession
for sale, or transportation for sale, cocaine hydrochloride and
cocaine base shall be treated in an identical manner.
SEC. 3. Section 11351.5 of the Health and Safety Code is amended
to read:
11351.5. Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale
cocaine base, which is specified in paragraph (1) of subdivision (f)
of Section 11054, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of
two, three, or four years.
SEC. 4. Section 11470 of the Health and Safety Code is amended to
read:
11470. The following are subject to forfeiture:
(a) All controlled substances which have been manufactured,
distributed, dispensed, or acquired in violation of this division.
(b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this division.
(c) All property except real property or a boat, airplane, or any
vehicle which is used, or intended for use, as a container for
property described in subdivision (a) or (b).
(d) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this division.
(e) The interest of any registered owner of a boat, airplane, or
any vehicle other than an implement of husbandry, as defined in
Section 36000 of the Vehicle Code, which has been used as an
instrument to facilitate the manufacture of, or possession for sale
or sale of 14.25 grams or more of heroin, or a substance containing
14.25 grams or more of heroin, or 14.25 grams or more of a substance
containing heroin, or 28.5 grams or more of Schedule I controlled
substances except marijuana, peyote, or psilocybin; 10 pounds dry
weight or more of marijuana, peyote, or psilocybin; or 28.5 grams or
more of cocaine, as specified in paragraph (6) of subdivision (b) of
Section 11055, cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, or methamphetamine; or a substance
containing 28.5 grams or more of cocaine, as specified in paragraph
(6) of subdivision (b) of Section 11055, cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054, or
methamphetamine; or 57 grams or more of a substance containing
cocaine, as specified in paragraph (6) of subdivision (b) of Section
11055, cocaine base as specified in paragraph (1) of subdivision (f)
of Section 11054, or methamphetamine; or 28.5 grams or more of
Schedule II controlled substances. An interest in a vehicle which may
be lawfully driven on the highway with a class C, class M1, or class
M2 license, as prescribed in Section 12804.9 of the Vehicle Code,
shall not be forfeited under this subdivision if there is a community
property interest in the vehicle by a person other than the
defendant and the vehicle is the sole class C, class M1, or class M2
vehicle available to the defendant's immediate family.
(f) All moneys, negotiable instruments, securities, or other
things of value furnished or intended to be furnished by any person
in exchange for a controlled substance, all proceeds traceable to
such an exchange, and all moneys, negotiable instruments, or
securities used or intended to be used to facilitate any violation of
Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5,
11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or
Section 182 of the Penal Code, or a felony violation of Section
11366.8 of this code, insofar as the offense involves manufacture,
sale, possession for sale, offer for sale, or offer to manufacture,
or conspiracy to commit at least one of those offenses, if the
exchange, violation, or other conduct which is the basis for the
forfeiture occurred within five years of the seizure of the property,
or the filing of a petition under this chapter, or the issuance of
an order of forfeiture of the property, whichever comes first.
(g) The real property of any property owner who is convicted of
violating Section 11366, 11366.5, or 11366.6 with respect to that
property. However, property which is used as a family residence or
for other lawful purposes, or which is owned by two or more persons,
one of whom had no knowledge of its unlawful use, shall not be
subject to forfeiture.
(h) (1) Subject to the requirements of Section 11488.5 and except
as further limited by this subdivision to protect innocent parties
who claim a property interest acquired from a defendant, all right,
title, and interest in any personal property described in this
section shall vest in the state upon commission of the act giving
rise to forfeiture under this chapter, if the state or local
governmental entity proves a violation of Section 11351, 11351.5,
11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11382, or 11383 of this code, or Section 182 of the Penal
Code, or a felony violation of Section 11366.8 of this code, insofar
as the offense involves the manufacture, sale, possession for sale,
offer for sale, offer to manufacture, or conspiracy to commit at
least one of those offenses, in accordance with the burden of proof
set forth in paragraph (1) of subdivision (i) of Section 11488.4 or,
in the case of cash or negotiable instruments in excess of
twenty-five thousand dollars ($25,000), paragraph (4) of subdivision
(i) of Section 11488.4.
(2) The operation of the special vesting rule established by this
subdivision shall be limited to circumstances where its application
will not defeat the claim of any person, including a bona fide
purchaser or encumbrancer who, pursuant to Section 11488.5, 11488.6,
or 11489, claims an interest in the property seized, notwithstanding
that the interest in the property being claimed was acquired from a
defendant whose property interest would otherwise have been subject
to divestment pursuant to this subdivision.
SEC. 5. Section 1203.073 of the Penal Code is amended to read:
1203.073. (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served. When probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
(b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person who is convicted of violating Section 11351 or
11351.5 of the Health and Safety Code by possessing for sale, or
Section 11352 of the Health and Safety Code by selling, a substance
containing 28.5 grams or more of cocaine as specified in paragraph
(6) of subdivision (b) of Section 11055 of, or cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of,
the Health and Safety Code, or 57 grams or more of a substance
containing at least five grams of cocaine as specified in paragraph
(6) of subdivision (b) of Section 11055 of, or cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of,
the Health and Safety Code.
(2) Any person who is convicted of violating Section 11378 of the
Health and Safety Code by possessing for sale, or Section 11379 of
the Health and Safety Code by selling a substance containing 28.5
grams or more of methamphetamine or 57 grams or more of a substance
containing methamphetamine.
(3) Any person who is convicted of violating subdivision (a) of
Section 11379.6 of the Health and Safety Code, except those who
manufacture phencyclidine, or who is convicted of an act which is
punishable under subdivision (b) of Section 11379.6 of the Health and
Safety Code, except those who offer to perform an act which aids in
the manufacture of phencyclidine.
(4) Except as otherwise provided in Section 1203.07, any person
who is convicted of violating Section 11353 or 11380 of the Health
and Safety Code by using, soliciting, inducing, encouraging, or
intimidating a minor to manufacture, compound, or sell heroin,
cocaine base as specified in paragraph (1) of subdivision (f) of
Section 11054 of the Health and Safety Code, cocaine as specified in
paragraph (6) of subdivision (b) of Section 11055 of the Health and
Safety Code, or methamphetamine.
(5) Any person convicted of violating Section 11379.6, 11382, or
11383 of the Health and Safety Code with respect to methamphetamine,
if he or she has one or more prior convictions for a violation of
Section 11378, 11379, 11379.6, 11380, 11382, or 11383 of the Health
and Safety Code with respect to methamphetamine.
(c) As used in this section, the term "manufacture" refers to the
act of any person who manufactures, compounds, converts, produces,
derives, processes, or prepares, either directly or indirectly by
chemical extraction or independently by means of chemical synthesis.
(d) The existence of any previous conviction or fact which would
make a person ineligible for probation under this section shall be
alleged in the information or indictment, and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by a plea
of guilty or nolo contendere or by trial by the court sitting without
a jury.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
