Bill Text: CA AB46 | 2015-2016 | Regular Session | Amended

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Bill Title: Controlled substances.

Sponsorship: Moderate Partisan Bill (Republican 18-3)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB46 Detail]

Download: California-2015-AB46-Amended.html

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BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  APRIL 9, 2015
	AMENDED IN ASSEMBLY  MARCH 17, 2015
	AMENDED IN ASSEMBLY  MARCH 4, 2015

INTRODUCED BY   Assembly Member Lackey
   (Principal coauthors: Senators Galgiani, Nielsen, and Vidak)
   (Coauthors: Assembly Members Travis Allen, Baker, Brough,
Gallagher, Gonzalez, Hadley, Kim, Linder, Patterson, Rodriguez,
Steinorth, Waldron, and Wilk)
   (Coauthors: Senators Anderson, Bates, Huff, and Stone)

                        DECEMBER 1, 2014

   An act to add Sections 11350.5 and 11377.5 to the Health and
Safety Code, relating to controlled  substances. 
 substances   . 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, Lackey. Controlled substances.
   Existing law, as amended by the Safe Neighborhoods and Schools
Act, a measure approved by the voters at the November 4, 2014,
statewide general election, generally provides that the possession of
Ketamine, gamma hydroxybutyric acid (GHB), or flunitrazepam is a
misdemeanor, punishable by imprisonment in the county jail for not
more than one year.
   This bill would make it a felony, punishable by imprisonment in
the state prison for 16 months or 2 or 3 years, to possess Ketamine,
GHB, or flunitrazepam with the intent to commit sexual assault. By
creating a new crime, this 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Ketamine, gamma hydroxybutyric acid (GHB), and Rohypnol are
drugs often characterized as "date rape" drugs.
   (b) GHB is a central nervous system depressant that was approved
for the treatment of narcolepsy. GHB has no color or taste, and is
frequently combined with alcohol to commit sexual assault.
   (c) Ketamine causes unconsciousness, hallucinations, loss of body
control, and numbing. Ketamine works very quickly, so victims drugged
with Ketamine only have a few seconds to react before losing
consciousness.
   (d) Rohypnol, also known by its chemical name of flunitrazepam,
and sometimes referred to as "roofies," impairs judgment and leaves
victims drugged with Rohypnol physically incapacitated. Memory loss
and confusion under the influence of this drug makes victims more
vulnerable to rape.
   (e) In order to deter the possession of Ketamine, GHB, and
Rohypnol by sexual predators and to take steps to prevent the use of
these drugs to incapacitate victims for purposes of sexual
exploitation, it is necessary and appropriate that an individual who
possesses one of these substances for predatory purposes be subject
to felony penalties.
  SEC. 2.  Section 11350.5 is added to the Health and Safety Code, to
read:
   11350.5.  (a) Except as otherwise provided in this division, a
person who possesses a controlled substance specified in paragraph
(3) of subdivision (e) of Section 11054 with the intent to commit
sexual assault shall be punished by imprisonment in the state prison
for 16 months, or two or three years.
   (b) For purposes of this section, "sexual assault" includes, but
is not limited to, a violation of paragraph (3) of subdivision (a) of
Section 261 of the Penal Code, paragraph (2) of subdivision (a) of
Section 262 of the Penal Code, subdivision (i) of Section 286 of the
Penal Code, subdivision (i) of Section 288a of the Penal Code, or
subdivision (e) of Section 289 of the Penal Code. 
   (c) Nothing in this section shall preclude prosecution under any
other law. 
  SEC. 3.  Section 11377.5 is added to the Health and Safety Code, to
read:
   11377.5.  (a) Except as otherwise provided in this division, a
person who possesses a controlled substance specified in paragraph
(11) of subdivision (c) of, or subdivision (g) of, Section 11056, or
paragraph (13) of subdivision (d) of Section 11057 with the intent to
commit sexual assault shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
   (b) For purposes of this section, "sexual assault" includes, but
is not limited to, a violation of paragraph (3) of subdivision (a) of
Section 261 of the Penal Code, paragraph (2) of subdivision (a) of
Section 262 of the Penal Code, subdivision (i) of Section 286 of the
Penal Code, subdivision (i) of Section 288a of the Penal Code, or
subdivision (e) of Section 289 of the Penal Code. 
   (c) Nothing in this section shall preclude prosecution under any
other law. 
  SEC. 4.  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.