Bill Text: CA AB858 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 858 (Prior Session Legislation)

Introduced

Bill Title: Controlled substances: sentencing.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB858 Detail]

Download: California-2009-AB858-Introduced.html

BILL NUMBER: AB 858	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 26, 2009

   An act to amend Sections 11378 and 11379 of the Health and Safety
Code, and to add Section 1203.077 to the Penal Code, relating to
controlled substances.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 858, as introduced, Gilmore. Controlled substances: sentencing.

   Existing law subjects a person who possesses for sale certain
specified controlled substances, including methamphetamine and its
salts and isomers, to imprisonment in the state prison for 16 months,
2 years, or 3 years, as specified.
   This bill would, instead, subject any person who possesses for
sale methamphetamine or its salts and isomers to imprisonment in the
state prison for 2, 3, or 4 years.
   Existing law subjects a person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport certain
specified controlled substances, including methamphetamine and its
salts and isomers, to imprisonment in the state prison for 2, 3, or 4
years, as specified.
   This bill would, instead, subject any person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport methamphetamine or its salts and isomers, to imprisonment
in the state prison for 3, 4, or 5 years.
   Under existing law, persons convicted of certain offenses may be
granted probation.
   This bill would provide that any person convicted of selling
methamphetamine who is granted probation shall be confined in a
county jail for at least 120 days as a condition of probation. That
minimum sentence would be required to 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.
   Because this bill would increase the punishment for an existing
crime, it 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 11378 of the Health and Safety Code is amended
to read:
   11378.  Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison  , provided, however, that
every person who possesses for sale any controlled substance that is
specified in paragraph (2) of subdivision (d) of Section 11055 
 shall be punished by imprisonment in the state prison for two,
three, or four years  .
  SEC. 2.  Section 11379 of the Health and Safety Code is amended to
read:
   11379.  (a)  Except as otherwise provided in subdivision (b) and
in Article 7 (commencing with Section 4211) of Chapter 9 of Division
2 of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f), of
Section 11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in the state prison for a period of
two, three, or four years  , provided, however, that every
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport any controlled substance that is
specified in paragraph (2) of subdivision (d) of Section 11055 shall
be punished by imprisonment in the state prison for three, four, or
five years  .
   (b)  Notwithstanding the penalty provisions of subdivision (a),
any person who transports for sale any controlled substances
specified in subdivision (a) within this state from one county to
another noncontiguous county shall be punished by imprisonment in the
state prison for three, six, or nine years.
  SEC. 3.  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 120 days as a condition of probation. That minimum
sentence 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. 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.