Bill Text: CA AB640 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sentencing: methamphetamine.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB640 Detail]

Download: California-2009-AB640-Amended.html

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BILL NUMBER: AB 640	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Huber
    (   Coauthors:   Assembly Members 
 Gilmore   and Solorio   ) 

                        FEBRUARY 25, 2009

   An act to add Section 1203.077 to the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 640, as amended, Huber. Sentencing: methamphetamine.
   Existing law provides that any person convicted of the unlawful
sale of cocaine or heroin who is eligible for and granted probation
shall, as a condition of that probation, be confined in the county
jail for at least 180 days, except as provided.
   This bill would also provide that any person convicted of selling
methamphetamine who is granted probation shall be confined in a
county jail for at least  180   120  days
as a condition of probation, except as provided. By requiring
confinement in county jail as a condition of probation, 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.  Section 1203.077 is added to the Penal Code, to read:
   1203.077.  Any person convicted of violating Section 11379 of the
Health and Safety Code, relating to the sale of methamphetamine, who
is eligible for and granted probation shall be confined in a county
jail for at least  180   120  days as a
condition of probation. No less than that minimum period of
incarceration shall be imposed in every case unless the court finds
that it is in the interest of justice not to impose that sentence,
and states on the record the circumstances indicating why justice
would be served by not imposing that minimum jail sentence.
  SEC. 2.  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.