BILL NUMBER: SB 1506 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 22, 2012
INTRODUCED BY Senator Leno
FEBRUARY 24, 2012
An act to amend Sections 11350, 11357, 11377, and 11590 of the
Health and Safety Code, and to add Section 1210.6 to the Penal
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1506, as amended, Leno. Possession of controlled substances:
penalties.
Existing
(1) Existing law provides that
the unlawful possession of certain controlled substances, including,
among others, cocaine, heroin, and those classified in Schedule III,
IV, or V as a narcotic drug, is a felony punishable in a county jail
for 16 months, or 2 or 3 years. The unlawful possession of the
depressants mecloqualone, methaqualone, and gamma hydroxybutyric acid
is punishable as a misdemeanor by imprisonment for not more
than one year in a county jail or as a felony by imprisonment in
a county jail for 16 months, or 2 or 3 years. The unlawful
possession of certain other controlled substances, including, among
others, concentrated cannabis, and those classified in Schedule III,
IV, or V as nonnarcotic drugs, is punishable as a misdemeanor by
imprisonment for not more than one year in a county jail, a fine, or
by both imprisonment and fine, or as a felony by imprisonment in a
county jail for 16 months , or 2 or 3 years.
This bill would make the unlawful possession of any of those
substances a misdemeanor punishable by imprisonment in a county jail
for not more than one year.
Existing
(2) Existing law requires a
person who is convicted of specified controlled substance offenses to
register with the law enforcement agency of a city, county, or city
and county within 30 days of becoming a resident of that city,
county, or city and county.
This bill would exclude certain misdemeanor offenses from the
offenses that require a person to register, including , among
others, a misdemeanor conviction for unlawful possession of
concentrated cannabis.
(3) Existing law requires each person who is convicted of
specified controlled substances offenses to pay a drug program fee in
an amount not to exceed $150.
This bill would, for persons convicted of specified misdemeanor
offenses involving the possession of controlled substances, raise the
fee to $500 for a first offense and to $1,500 for a second or
subsequent offense. The bill would raise the fee to $250 for a first
offense and to $500 for a second or subsequent offense if the person
is granted probation and accepts the terms of probation.
(4) Existing law requires a person convicted of a nonviolent drug
possession offense to be granted probation.
This bill would, if a defendant who has been offered probation,
pursuant to the above law or any other law providing probation for a
nonviolent drug possession offense, rejects probation, authorize the
correctional administrator of a jail to require the defendant to
serve the balance of his or her sentence on continuous electronic
monitoring if the correctional administrator has made a determination
that conditions in the jail necessitate releasing sentenced
misdemeanor inmates. The bill would authorize the correctional
administrator to condition the release on any reasonable conditions
related to the underlying offense, and to impose sanctions for a
violation of the conditions of release, as provided.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11350 of the Health and Safety Code is amended
to read:
11350. (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c) of, or paragraph (1) of subdivision (f) of,
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in a county jail for not more than one year.
(b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in a county jail
for not more than one year or pursuant to subdivision (h) of
Section 1170 of the Penal Code .
(c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the defendant'
s ability to pay, and no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this
subdivision.
(d) A person convicted of a misdemeanor pursuant to this section
shall be subject to Section 1210.6 of the Penal Code, and shall be
subject to the following:
(1) (A) Except as provided in subparagraph (B), the drug program
fee required by Section 11372.7 shall be imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed five hundred dollars ($500).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed one thousand five
hundred dollars ($1,500).
(B) If the defendant is granted probation and accepts the terms of
probation, the drug program fee required by Section 11372.7 shall be
imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed two hundred fifty dollars ($250).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed five hundred dollars
($500).
(2) In imposing the drug program fee, the court shall make a
determination of the defendant's ability to pay the fee pursuant to
subdivision (b) of Section 11372.7.
(3) In making a determination of the ability of the defendant to
pay all or a portion of the reasonable cost of any probation
supervision pursuant to Section 1203.1b of the Penal Code, the
probation officer, or his or her authorized representative, shall
take into account the amount of the drug program fee that the
defendant is ordered to pay pursuant to this subdivision.
SEC. 2. Section 11357 of the Health and Safety Code is amended to
read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both the
fine and imprisonment.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100).
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in a county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both the fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in a
county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
(f) A person convicted of a misdemeanor pursuant to subdivision
(a) of this section shall be subject to Section 1210.6 of the Penal
Code, and shall be subject to the following:
(1) (A) Except as provided in subparagraph (B), the drug program
fee required by Section 11372.7 shall be imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed five hundred dollars ($500).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed one thousand five
hundred dollars ($1,500).
(B) If the defendant is granted probation and accepts the terms of
probation, the drug program fee required by Section 11372.7 shall be
imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed two hundred fifty dollars ($250).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed five hundred dollars
($500).
(2) In imposing the drug program fee, the court shall make a
determination of the defendant's ability to pay the fee pursuant to
subdivision (b) of Section 11372.7.
(3) In making a determination of the ability of the defendant to
pay all or a portion of the reasonable cost of any probation
supervision pursuant to Section 1203.1b of the Penal Code, the
probation officer, or his or her authorized representative, shall
take into account the amount of the drug program fee that the
defendant is ordered to pay pursuant to this subdivision.
SEC. 3. Section 11377 of the Health and Safety Code is amended to
read:
11377. (a) Except as authorized by law and as otherwise provided
in subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year.
(b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
(2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
(3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
(4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
(c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
The court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.
(d) A person convicted of a misdemeanor pursuant to this section
shall be subject to Section 1210.6 of the Penal Code, and shall be
subject to the following:
(1) (A) Except as provided in subparagraph (B), the drug program
fee required by Section 11372.7 shall be imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed five hundred dollars ($500).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed one thousand five
hundred dollars ($1,500).
(B) If the defendant is granted probation and accepts the terms of
probation, the drug program fee required by Section 11372.7 shall be
imposed as follows:
(i) For a first offense, the defendant shall pay a drug program
fee in an amount not to exceed two hundred fifty dollars ($250).
(ii) For a second or subsequent offense, the defendant shall pay a
drug program fee in an amount not to exceed five hundred dollars
($500).
(2) In imposing the drug program fee, the court shall make a
determination of the defendant's ability to pay the fee pursuant to
subdivision (b) of Section 11372.7.
(3) In making a determination of the ability of the defendant to
pay all or a portion of the reasonable cost of any probation
supervision pursuant to Section 1203.1b of the Penal Code, the
probation officer, or his or her authorized representative, shall
take into account the amount of the drug program fee that the
defendant is ordered to pay pursuant to this subdivision.
SEC. 4. Section 11590 of the Health and Safety Code, as amended by
Section 2 of Chapter 1417 of the Statutes of 1990, is amended to
read:
11590. (a) (1) Except as provided in subdivisions (c) and (d),
any person who is convicted in the State of California of any offense
defined in Section 11350, 11351, 11351.5, 11352,
11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361,
11363, 11366, 11366.5, 11366.6, 11368, 11378, 11378.5, 11379,
11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or any person who
is discharged or paroled from a penal institution where he or she was
confined because of the commission of any such offense, or any
person who is convicted in any other state of any offense which, if
committed or attempted in this state, would have been punishable as
one or more of the above-mentioned offenses, shall ,
within 30 days of his or her coming into any county , or
city, or city and county in which he or she resides or is temporarily
domiciled for that length of time, register with the chief of police
of the city in which he or she resides or the sheriff of the county
if he or she resides in an unincorporated area.
(2) For persons convicted of an offense defined in Section 11378,
11379, or 11380, this subdivision shall apply only to offenses
involving controlled substances specified in paragraph (12) of
subdivision (d) of Section 11054 and paragraph (2) of subdivision (d)
of Section 11055, and to analogs of these substances, as defined in
Section 11401. For persons convicted of an offense defined in Section
11379 or 11379.5, this subdivision shall not apply if the conviction
was for transporting, offering to transport, or attempting to
transport a controlled substance.
(b) Any person who is convicted in any federal court of any
offense which, if committed or attempted in this state ,
would have been punishable as one or more of the offenses enumerated
in subdivision (a) , shall , within 30 days of
his or her coming into any county , or city, or city and
county in which he or she resides or is temporarily domiciled for
that length of time, register with the chief of police of the city in
which he or she resides or the sheriff of the county if he or she
resides in an unincorporated area.
(c) This section does not apply to a conviction of a misdemeanor
under Section 11360.
(d) The registration requirements imposed by this section for the
conviction of offenses defined in Section 11353.7, 11366.5, 11366.6,
11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383,
shall apply to any person who commits any of those offenses on and
after January 1, 1990.
SEC. 5. Section 11590 of the Health and Safety Code, as amended by
Section 1 of Chapter 714 of the Statutes of 1995, is amended to
read:
11590. (a) (1) Except as provided in subdivisions (c) and (d),
any person who is convicted in the State of California of any offense
defined in Section 11350, 11351, 11351.5, 11352,
11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361,
11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5,
11379, 11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or any
person who is discharged or paroled from a penal institution where he
or she was confined because of the commission of any such offense,
or any person who is convicted in any other state of any offense
which, if committed or attempted in this state, would have been
punishable as one or more of the above-mentioned offenses, shall
, within 30 days of his or her coming into any county ,
or city, or city and county in which he or she resides or is
temporarily domiciled for that length of time, register with the
chief of police of the city in which he or she resides or the sheriff
of the county if he or she resides in an unincorporated area.
(2) For persons convicted of an offense defined in Section 11378,
11379, or 11380, this subdivision shall apply only to offenses
involving controlled substances specified in paragraph (12) of
subdivision (d) of Section 11054 and paragraph (2) of subdivision (d)
of Section 11055, and to analogs of these substances, as defined in
Section 11401. For persons convicted of an offense defined in Section
11379 or 11379.5, this subdivision shall not apply if the conviction
was for transporting, offering to transport, or attempting to
transport a controlled substance.
(b) Any person who is convicted in any federal court of any
offense which, if committed or attempted in this state ,
would have been punishable as one or more of the offenses enumerated
in subdivision (a) , shall, within 30 days of his or her
coming into any county , or city, or city and county, in
which he or she resides or is temporarily domiciled for that length
of time, register with the chief of police of the city in which he or
she resides or the sheriff of the county if he or she resides in an
unincorporated area.
(c) This section does not apply to a conviction of a misdemeanor
under Section 11360.
(d) The registration requirements imposed by this section for the
conviction of offenses defined in Section 11353.7, 11366.5, 11366.6,
11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or
11383, shall apply to any person who commits any of those offenses on
and after January 1, 1990.
SEC. 6. Section 1210.6 is added to the
Penal Code , to read:
1210.6. (a) If a defendant who has been offered probation
pursuant to Section 1201.1, or pursuant to any other law providing
probation for a nonviolent drug possession offense, rejects
probation, and the court imposes a sentence to be served in a county
jail, the correctional administrator of the jail may, if a
determination is made by the correctional administrator that
conditions in the jail facility necessitate releasing sentenced
misdemeanor inmates prior to their serving their sentence due to lack
of jail space, require the defendant to serve the balance of his or
her sentence on continuous electronic monitoring pursuant to Chapter
1.4 (commencing with Section 1210.7). The correctional administrator
may condition release on any reasonable conditions related to the
underlying offense, including, but not limited to, drug testing, and
may subject the released inmate to the following sanctions for a
violation of the conditions of release:
(1) For a first violation, the defendant may be incarcerated
immediately for a period not exceeding 48 hours, without the need of
a warrant of arrest or a court hearing.
(2) For a second violation, the defendant may be incarcerated
immediately for a period not exceeding 72 hours, without the need for
a warrant of arrest or a court hearing.
(3) For a third or subsequent violation, the defendant may be
incarcerated for a period not exceeding 120 hours.
(b) The total number of days a person spends in incarceration and
on alternative custody, including incarceration prior to placement on
alternative custody, incarceration pursuant to paragraphs (1) to
(3), inclusive, of subdivision (a), and time spent on alternative
custody, shall not exceed the total number of days provided in the
court's original sentence.