BILL NUMBER: AB 1034 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2005
AMENDED IN ASSEMBLY APRIL 14, 2005
INTRODUCED BY Assembly Member Spitzer
FEBRUARY 22, 2005
An act to amend Section 11379.7 11379.6
of the Health and Safety Code, relating to controlled
substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1034, as amended, Spitzer. Controlled substances:
offense enhancements: preschools and day care facilities.
methamphetamine: manufacture by chemical means: increased
incarceration.
Existing law generally provides that the manufacture of
methamphetamine by chemical extraction or independently by means of
chemical synthesis shall be punished by imprisonment in the state
prison for 3, 5, or 7 years and by a fine not exceeding $50,000.
This bill would increase the time in state prison for this offense
to 5, 7, or 9 years.
Existing law imposes an enhancement of 3, 4, or 5 2 years upon a
defendant who commits specified controlled substance offenses upon
the grounds of, or within 1,000 feet of, a public or private
elementary, vocational, junior high, or high school relating to
methamphetamine and phencyclidine, when the commission or attempted
commission of the offense occurs in a structure where any child under
16 years of age is present.
This bill would provide that a defendant shall also be subject to
this enhancement when he or she commits the specified controlled
substance offenses upon the grounds of, or within 1,000 feet of, a
the grounds of any public or private preschool or child daycare day
care facility, as specified.
By creating new enhancements for existing crimes, the elements of
which must be plead and proved by local prosecutors, this bill would
impose a state-mandated local program upon local governments.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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) (1) 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).
(2) Notwithstanding paragraph (1), 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, methamphetamine shall be punished in
the state prison for five, seven, or nine 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.
SECTION 1. Section 11379.7 of the Health and Safety Code is
amended to read:
11379.7.
(a) Except as provided in subdivision (b), any person convicted of
a violation of subdivision (a) of Section 11379.6 or Section 11383,
or of an attempt to violate subdivision (a) of Section 11379.6 or
Section 11383, as those sections relate to 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, or within 1,000 feet of the grounds of any public or private
preschool or child day care facility providing instruction or child
day care, during hours that the school or facility is open for
classes or school-related programs or at any time when minors are
using the facility where the offense occurs, shall, in addition and
consecutive to the punishment prescribed for the felony of which he
or she has been convicted, be punished by an additional term of two
years in the state prison.
(b) Any person convicted of a violation of subdivision (a) of
Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or phencyclidine, where the
commission of the crime causes any child under 16 years of age to
suffer great bodily injury, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of five years in the
state prison.
(c) As used in this section, "structure" means any house,
apartment building, shop, warehouse, barn, building, vessel, railroad
car, cargo container, motor vehicle, housecar, trailer, trailer
coach, camper, mine, floating home, or other enclosed structure
capable of holding a child and manufacturing equipment.
(d) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.