BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   SB 791|
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                                 THIRD READING


          Bill No:  SB 791
          Author:   McPherson (R)
          Amended:  5/14/01
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 5/8/01
          AYES:  McPherson, Burton, Polanco, Sher, Vasconcellos

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Marijuana possession

           SOURCE  :     The Honorable Quentin Kopp


           DIGEST  :    The purpose of this bill is to (1) classify  
          possession of not more than 28.5 grams of marijuana as an  
          infraction instead of a misdemeanor on the first offense,  
          as specified, (2) reduce required conviction prior to  
          requiring the court to send the individual into a diversion  
          program from three to two convictions, and (3) delete  
          provisions relative to booking procedures.

           ANALYSIS :    Under existing law possession of not more than  
          28.5 grams of marijuana is a misdemeanor, punishable by no  
          more than a maximum fine of $100.00 without the possibility  
          of imprisonment.

          Under existing law an infraction is not punishable by  
          imprisonment.

          Under existing law individuals charged with an infraction  
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          are not entitled to a trial by jury or a public defender or  
          other counsel appointed to represent him or her at public  
          expense.

          This bill reclassifies the possession of not more than 28.5  
          grams of marijuana as an infraction for the first offense  
          punishable by a fine of not more than $100.  For a second  
          offense, the individual would be guilty of an infraction or  
          a misdemeanor punishable by a fine not to exceed $100.

          Existing law provides that a person who has been convicted  
          three or more times for the above offense during the  
          immediately preceding two-year period, the previous  
          convictions must also be charged in the accusatory  
          pleading.  If then found guilty, the court will be required  
          to divert the individual to specified programs.

          This bill reduces from three convictions in two years to  
          two convictions.

          Existing law provides that in any case in which a person is  
          arrested for a violation of this subdivision and does not  
          demand to be taken before a magistrate, the person shall be  
          released by the arresting officer upon presentation of  
          satisfactory evidence of identity and giving his or her  
          written promise to appear in court, as provided in Section  
          853.6 of the Penal Code, and shall not be subjected to  
          booking.

          This bill deletes that provision.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  5/14/01)

          Judicial Council of California
          Los Angeles County District Attorney's Office
          California Council of Police and Sheriffs

           OPPOSITION  :    (Verified  5/14/01)

          California Narcotic Officers' Association
          Committee on Moral Concerns







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          California Police Chiefs' Association

           ARGUMENTS IN SUPPORT  :    According to the author's office:

            "Under current law, an individual charged and convicted  
            with the possession of less than 28.5 grams of  
            marijuana is prosecuted as a misdemeanant.  Under state  
            law, a misdemeanor is usually punishable by a fine or  
            by imprisonment for less than one year.  However, the  
            penalty for a misdemeanor conviction of petty marijuana  
            possession is a maximum fine of $100 without the  
            possibility of time spent in county jail or state  
            prison.  This 'pure fine' is consistent with the  
            punishment assigned to an infraction.  Simple  
            possession of marijuana is erroneously classified as a  
            'misdemeanor' when the punishment for the offense is  
            consistent with that of an 'infraction'.  It is this  
            inconsistency between classification and penalty that  
            this piece of clarifying legislation seeks to correct.

            "This anomalous penalty designation adversely affects  
            the efficiency of California courts.  The charge is  
            confusing to both the district attorney in charge of  
            prosecuting the case and the judge should the case be  
            brought to trial.  Additionally, under a misdemeanor  
            charge, the accused is afforded a trial either by judge  
            or jury.  The length of a simple marijuana trial is  
            typically from two to three days.  Upon conviction, the  
            offender is instructed by the courts to pay the $100  
            fine.  There exists no disincentive for the accused to  
            drain the resources of the state and the courts with a  
            lengthy trial.  According to certain estimates, a jury  
            trial of this type could last up to three days at the  
            cost of thousands of dollars per day.  Further, in  
            addition to the time and money dispensed by the state,  
            a jury trial burdens the public by wasting time better  
            spent working to provide for oneself and family than in  
            a jury box deliberating a matter of only minor  
            consequence to the defendant and to California's public  
            safety."

           ARGUMENTS IN OPPOSITION  :    According to the Committee On  
          Moral Concerns:








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            "It sends the message that marijuana use carries little  
            or no legal risk and, therefore, is nearly acceptable.   
            Strengthening the law, instead of weakening it, would  
            save the lives of thousands."

          According to the California Narcotic Officers' Association:

            "Senate Bill 791 will ? enable anyone who has been  
            found to have committed an infraction to evade the  
            treatment requirements of Proposition 36.  The  
            California Narcotic Officers' Association believes that  
            voters approved Proposition 36 because they wanted  
            persons who had committed drug violations to receive  
            treatment - voters were not interested in outright  
            decriminalization."  
           

          RJG:cm  5/24/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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