AB 2309, as introduced, Brown. Controlled substances: possession: deferred entry of judgment.
Existing law provides that entry of judgment may be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law requires the prosecuting attorney to review his or her file to determine whether or not these criteria apply to the defendant.
This bill would add possession of Chlordiazepoxide, Clonazepam, Clorazepate, Diazepam, Flurazepam, Lorazepam, Mebutamate, Oxazepam, Prazepam, Temazepam, Halazepam, Alprazolam, Propoxyphene, Diethylpropion, Phentermine, Pemoline, Fenfluramine, and Triazolam without a prescription to the list of violations to which these provisions apply.
By increasing the duties of a local prosecutor in regard to determining whether a defendant charged with these types of controlled substance offenses qualify for deferred entry of judgment, this bill would impose a state-mandated local program.
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.
The people of the State of California do enact as follows:
Section 1000 of the Penal Code is amended to
2read:
(a) This chapter shall apply whenever a case is before
4any court upon an accusatory pleading for a violation of Section
511350, 11357, 11364,begin insert orend insert 11365,begin insert paragraph (2) of subdivision (b)
6of Section 11375, Sectionend insert 11377, orbegin insert Sectionend insert 11550 of the Health
7and Safety Code, or subdivision (b) of Section 23222 of the Vehicle
8Code, or Section 11358 of the Health and Safety Code if the
9marijuana planted, cultivated, harvested, dried, or processed is for
10personal use, or Section 11368
of the Health and Safety Code if
11the narcotic drug was secured by a fictitious prescription and is
12for the personal use of the defendant and was not sold or furnished
13to another, or subdivision (d) of Section 653f if the solicitation
14was for acts directed to personal use only, or Section 381 or
15subdivision (f) of Section 647 of the Penal Code, if for being under
16the influence of a controlled substance, or Section 4060 of the
17Business and Professions Code, and it appears to the prosecuting
18attorney that, except as provided in subdivision (b) of Section
1911357 of the Health and Safety Code, all of the following apply
20to the defendant:
21(1) The defendant has no conviction for any offense involving
22controlled substances prior to the alleged commission of the
23charged offense.
24(2) The offense charged did not involve a crime of violence or
25threatened violence.
26(3) There is no evidence of a violation relating to narcotics or
27restricted dangerous drugs other than a violation of the sections
28listed in this subdivision.
29(4) The defendant’s record does not indicate that probation or
30parole has ever been revoked without thereafter being completed.
P3 1(5) The defendant’s record does not indicate that he or she has
2successfully completed or been terminated from diversion or
3deferred entry of judgment pursuant to this chapter within five
4years prior to the alleged commission of the charged offense.
5(6) The defendant has no prior felony conviction within five
6years prior to the alleged commission of the charged offense.
7(b) The prosecuting attorney shall review
his or her file to
8determine whether or not paragraphs (1) to (6), inclusive, of
9subdivision (a) apply to the defendant. Upon the agreement of the
10prosecuting attorney, law enforcement, the public defender, and
11the presiding judge of the criminal division of the superior court,
12or a judge designated by the presiding judge, this procedure shall
13be completed as soon as possible after the initial filing of the
14charges. If the defendant is found eligible, the prosecuting attorney
15shall file with the court a declaration in writing or state for the
16record the grounds upon which the determination is based, and
17shall make this information available to the defendant and his or
18her attorney. This procedure is intended to allow the court to set
19the hearing for deferred entry of judgment at the arraignment. If
20the defendant is found ineligible for deferred entry of judgment,
21the prosecuting attorney shall file with the court a declaration in
22writing or state for the record the grounds upon which the
23determination is
based, and shall make this information available
24to the defendant and his or her attorney. The sole remedy of a
25defendant who is found ineligible for deferred entry of judgment
26is a postconviction appeal.
27(c) All referrals for deferred entry of judgment granted by the
28court pursuant to this chapter shall be made only to programs that
29have been certified by the county drug program administrator
30pursuant to Chapter 1.5 (commencing with Section 1211) of Title
318, or to programs that provide services at no cost to the participant
32and have been deemed by the court and the county drug program
33administrator to be credible and effective. The defendant may
34request to be referred to a program in any county, as long as that
35program meets the criteria set forth in this subdivision.
36(d) Deferred entry of judgment for a violation of Section 11368
37of the Health and Safety Code shall not prohibit
any administrative
38agency from taking disciplinary action against a licensee or from
39denying a license. Nothing in this subdivision shall be construed
40to expand or restrict the provisions of Section 1000.4.
P4 1(e) Any defendant who is participating in a program referred to
2in this section may be required to undergo analysis of his or her
3urine for the purpose of testing for the presence of any drug as part
4of the program. However, urine analysis results shall not be
5admissible as a basis for any new criminal prosecution or
6proceeding.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
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