BILL NUMBER: AB 233	CHAPTERED  09/30/03

	CHAPTER  620
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2003
	PASSED THE SENATE  SEPTEMBER 4, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN ASSEMBLY  MARCH 25, 2003
	AMENDED IN ASSEMBLY  MARCH 4, 2003

INTRODUCED BY   Assembly Member Cogdill
   (Coauthors:  Assembly Members Benoit, Chavez, Cohn, Cox, Diaz,
Dutton, Maddox, Matthews, Maze, McCarthy, Plescia, and Wyland)
   (Coauthors:  Senators Battin, Denham, Margett, Morrow, Oller, and
Soto)

                        JANUARY 30, 2003

   An act to amend Section  11379.6 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 233, Cogdill.  Controlled substances:  manufacture.
   Existing law makes it a felony to unlawfully manufacture,
compound, convert, produce, derive, process, or prepare, as
specified, controlled substances, including methamphetamine.
Existing law separately provides that any person convicted of
unlawfully manufacturing, or possessing specified precursors with the
intent to manufacture, methamphetamine or phencyclidine, when the
commission or attempted commission of the crime occurs in a structure
where any child under 16 years of age is present, shall be punished
by an additional 2 years in the state prison.
   This bill would require a sentencing court, except when this
enhancing allegation is made applicable, to consider as a factor in
aggravation of the sentence for the above felony in a case involving
methamphetamine the fact that a person under 16 years of age resided
in a structure in which that felony occurred.


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


  SECTION 1.  Section 11379.6 of the Health and Safety Code is
amended to read:
   11379.6.  (a) Except as otherwise provided by law, every person
who manufactures, compounds, converts, produces, derives, processes,
or prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment in the state prison for three,
five, or seven years and by a fine not exceeding fifty thousand
dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment in the state prison for three, four, or five
years.
   (d)  All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987.  The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.