BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 791| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 791 Page 2 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 SB 791 Page 3 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: SB 791 Page 4 "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 **** END ****