Bill Text: CA SB1010 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 1010 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2014
INTRODUCED BY Senator Mitchell
( Principal coauthor: Senator
Hancock )
( Principal coauthor: Assembly Member
Ammiano )
( Coauthors: Assembly Members
Hall, Jones-Sawyer, and Quirk )
FEBRUARY 13, 2014
An act to amend Section 11006 of the Penal Code, relating
to the Department of Justice 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, as amended, Mitchell. Department of Justice:
peace officers: training. 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 the state prison 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 the state prison 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 of 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.
Existing requires the Department of Justice to require all persons
employed within the department as peace officers and performing
investigative duties to obtain a certificate from the Commission on
Peace Officer Standards and Training.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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 three, four, or five 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 cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054
, or a substance containing 14.25 grams or more of heroin
or cocaine base as specified in paragraph (1) of subdivision
(f) of Section 11054 , or 14.25 grams or more of a
substance containing heroin or cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054 , 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. No 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,
may 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.
The
(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 who is convicted of violating Section 11351.5 of
the Health and Safety Code by possessing for sale a substance
containing 14.25 grams or more of 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 base as specified in paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.
(6) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by transporting for sale, importing for sale,
or administering, or by offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or transport
for sale, cocaine base as specified in paragraph (1) of subdivision
(f) of Section 11054 of the Health and Safety Code.
(7) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of
the Health and Safety Code.
(8)
(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
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.
SECTION 1. Section 11006 of the Penal Code is
amended to read:
11006. The Attorney General shall appoint such agents and other
employees as he deems necessary to carry out the provisions of this
chapter.
The Department of Justice shall require all persons employed after
July 1, 1973, within the department designated as peace officers and
performing investigative duties to obtain a certificate from the
Commission on Peace Officer Standards and Training.
