Bill Text: CA SB649 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Possession of controlled substances: penalties.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB649 Detail]

Download: California-2013-SB649-Introduced.html

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BILL NUMBER: SB 649	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 22, 2013

   An act to amend Section 11350 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 649, as introduced, Leno. Possession of controlled substances:
penalties.
   Existing law provides that the unlawful possession of certain
controlled substances, including, among others, opiates, opium, opium
derivatives, mescaline, peyote, tetrahydrocannabinols, and cocaine
base, is a felony punishable by imprisonment in a county jail for 16
months, or 2 or 3 years. Existing law imposes, as a condition of
probation for a felony conviction of these provisions, a fine of
$1,000 or community supervision for a first offense, and a fine of
$2,000 or community supervision for a second or subsequent offense.
   This bill would make the unlawful possession of any of those
substances punishable as either a felony punishable in county jail or
by imprisonment in a county jail for not more than one year. The
bill would also delete the required probation conditions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11350 of the Health and Safety Code is amended
to read:
   11350.  (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c)  of  , or paragraph (1) of
subdivision (f) of  ,  Section 11054, specified in paragraph
(14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or specified in
subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, unless
upon the written prescription of a physician, dentist, podiatrist,
or veterinarian licensed to practice in this state, shall be punished
by imprisonment  in a county jail for a period of not more than
one year or  pursuant to subdivision (h) of Section 1170 of the
Penal Code.
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in a county jail
for not more than one year or pursuant to subdivision (h) of Section
1170 of the Penal Code.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the defendant'
s ability to pay, and no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this
subdivision. 
   (d)  Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:  
   (1)  For a first offense under this section, a fine of at least
one thousand dollars ($1,000) or community service. 

   (2)  For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
 
   (3)  If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.