BILL ANALYSIS Ó AB 2309 Page 1 Date of Hearing: April 9, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2309 (Brown) - As Introduced: February 21, 2014 Policy Committee: Public SafetyVote: Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill adds specified prescription medications - primarily Xanax and benzodiazepine-related sedatives - to the list of crimes related to the unlawful possession of a controlled substance for which entry of judgment may be deferred if the defendant meets specified criteria, including no prior convictions for any offense involving a controlled substance, and no prior felony convictions within five years. FISCAL EFFECT 1)Unknown, likely minor, local savings to the extent fewer offenders are sentenced to county jail. In most cases, these offenders would receive probation. 2)Minor court costs/savings. COMMENTS 1)Rationale. The author's intent is to correct what she contends is an oversight in California's deferred entry of judgment law, by permitting persons convicted of a possession of Xanax or other benzodiazepines - an infraction or a misdemeanor - to participate in drug diversion programs, in the same manner as persons convicted of felonies involving more serious drugs. 2)Support : The California Conference of Bar Associations states, "AB 2309 would correct an inconsistency in existing law by allowing persons convicted of misdemeanor/infraction possession of Xanax (Aprazolam) or other benzodiazepines to participate in a drug diversion program, the same as AB 2309 Page 2 individuals convicted of felonies involving far more serious drugs, such as the possession of heroin, cocaine, and methamphetamine. 3)Current law provides entry of judgment may be deferred for defendants charged with specific controlled substance offenses if they meet specific criteria, including no prior convictions involving a controlled substance and no prior felony convictions within five years. Upon successful completion of a drug program, the arrest will be deemed to never have occurred. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081