BILL NUMBER: SB 762	CHAPTERED  08/01/03

	CHAPTER  155
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2003
	APPROVED BY GOVERNOR  JULY 31, 2003
	PASSED THE ASSEMBLY  JULY 17, 2003
	PASSED THE SENATE  JUNE 5, 2003
	AMENDED IN SENATE  MAY 6, 2003
	AMENDED IN SENATE  APRIL 21, 2003

INTRODUCED BY   Senators Brulte and Margett
   (Coauthors:  Senators Battin, Bowen, Denham, and Johnson)
   (Coauthors:  Assembly Members Benoit, Cox, Maldonado, Pacheco, and
Runner)

                        FEBRUARY 21, 2003

   An act to amend Section 1210 of the Penal Code, relating to
controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 762, Brulte.   Nonviolent drug possession offense:  personal
use.
   Existing law categorizes controlled substances into Schedules I to
V, inclusive, and places the greatest restrictions and penalties on
those contained in Schedule I.  Existing law, added by initiative
statute, generally provides that, effective July 1, 2001, (a) a
person convicted of a nonviolent drug possession offense shall
receive probation with completion of a drug treatment program as a
condition of that probation, and (b) a person's parole may not be
suspended or revoked for committing a nonviolent drug possession
offense or for violating a drug-related condition of parole, but an
additional condition of parole for those offenses or violations shall
be the completion of a drug treatment program.  Existing law defines
the term "nonviolent drug possession offense" to mean the unlawful
possession, use, or transportation for personal use of any controlled
substance classified in Schedules I to V, inclusive.
   This bill would clarify the definition of "nonviolent drug
possession offense" by providing that the term means the unlawful
personal use, possession for personal use, or transportation for
personal use of any controlled substance classified in Schedules I to
V, inclusive.  Because the initiative statute may be amended by the
Legislature by a 2/3 vote, the bill would require a 2/3 vote for
enactment.


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


  SECTION 1.  Section 1210 of the Penal Code is amended to read:
   1210.  Definitions
   As used in Sections 1210.1 and 3063.1 of this code, and Division
10.8 (commencing with Section 11999.4) of the Health and Safety Code:

   (a) The term "nonviolent drug possession offense" means the
unlawful personal use, possession for personal use, or transportation
for personal use of any controlled substance identified in Section
11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, or
the offense of being under the influence of a controlled substance
in violation of Section 11550 of the Health and Safety Code.  The
term "nonviolent drug possession offense" does not include the
possession for sale, production, or manufacturing of any controlled
substance and does not include violations of Section 4573.6 or
4573.8.
   (b) The term "drug treatment program" or "drug treatment" means a
state licensed and/or certified community drug treatment program,
which may include one or more of the following:  outpatient
treatment, half-way house treatment, narcotic replacement therapy,
drug education or prevention courses and/or limited inpatient or
residential drug treatment as needed to address special
detoxification or relapse situations or severe dependence.  The term
"drug treatment program" or "drug treatment" includes a drug
treatment program operated under the direction of the Veterans Health
Administration of the Department of Veterans Affairs or a program
specified in Section 8001; such a program shall be eligible to
provide drug treatment services without regard to the licensing or
certification provisions required by this subdivision.  The term
"drug treatment program" or "drug treatment" does not include drug
treatment programs offered in a prison or jail facility.
   (c) The term "successful completion of treatment" means that a
defendant who has had drug treatment imposed as a condition of
probation has completed the prescribed course of drug treatment and,
as a result, there is reasonable cause to believe that the defendant
will not abuse controlled substances in the future.
   (d) The term "misdemeanor not related to the use of drugs" means a
misdemeanor that does not involve (1) the simple possession or use
of drugs or drug paraphernalia, being present where drugs are used,
or failure to register as a drug offender, or (2) any activity
similar to those listed in paragraph (1).