Bill Text: CA SB333 | 2015-2016 | Regular Session | Enrolled

California Senate Bill 333 (Prior Session Legislation)

Bill Title: Controlled substances.

Sponsorship: Slight Partisan Bill (Republican 12-7)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB333 Detail]

Download: California-2015-SB333-Enrolled.html

BILL NUMBER: SB 333	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2015
	AMENDED IN ASSEMBLY  AUGUST 31, 2015
	AMENDED IN SENATE  MAY 6, 2015
	AMENDED IN SENATE  APRIL 20, 2015

INTRODUCED BY   Senator Galgiani
   (Principal coauthors: Senators Anderson and Vidak)
   (Principal coauthors: Assembly Members Cooper and Lackey)
   (Coauthors: Senators Bates, Morrell, Nguyen, Nielsen, Runner, and
Stone)
   (Coauthors: Assembly Members Baker, Brown, Dodd, Gonzalez, Harper,
Maienschein, O'Donnell, and Steinorth)

                        FEBRUARY 23, 2015

   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 333, 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 the county jail for not
more than one year.
   This bill would make it a felony, punishable by imprisonment in
the 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 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, or
paragraph (13) of subdivision (d) of Section 11057, 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.