Bill Text: CA SB1182 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-10-03 - Chaptered by Secretary of State. Chapter 893, Statutes of 2016. [SB1182 Detail]

Download: California-2015-SB1182-Chaptered.html

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BILL NUMBER: SB 1182	CHAPTERED
	BILL TEXT

	CHAPTER  893
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2016
	PASSED THE SENATE  AUGUST 25, 2016
	PASSED THE ASSEMBLY  AUGUST 18, 2016
	AMENDED IN ASSEMBLY  AUGUST 15, 2016

INTRODUCED BY   Senator Galgiani
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1182, Galgiani. Controlled substances.
   (1) Existing law generally provides that the possession of
ketamine, gamma hydroxybutyric acid (GHB), and flunitrazepam is a
misdemeanor, punishable by imprisonment in a county jail for not more
than one year.
   This bill would make it a felony, punishable by imprisonment in a
county jail for 16 months, or 2 or 3 years, to possess ketamine,
flunitrazepam, or GHB, with the intent to commit sexual assault, as
defined for these purposes to include, among other acts, rape,
sodomy, and oral copulation. By creating a new crime, this bill would
impose a state-mandated local program.
   (2) 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.  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, commonly known as 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, every
person who possesses a controlled substance specified in paragraph
(3) of subdivision (e) of Section 11054 of this code with the intent
to commit sexual assault shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code.
   (b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
Penal Code.
  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, every
person who possesses any controlled substance specified in paragraph
(11) of subdivision (c) of, or subdivision (g) of, Section 11056 of
this code, or paragraph (13) of subdivision (d) of Section 11057 of
this code, with the intent to commit sexual assault, shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code.
   (b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
Penal Code.
  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.