Amended in Assembly May 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2492


Introduced by Assembly Member Jones-Sawyer

February 21, 2014


begin deleteAn act to amend Section 54956.8 of the Government Code, relating to local government. end deletebegin insertAn act to amend Section 11550 of the Health and Safety Code, relating to controlled substances.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2492, as amended, Jones-Sawyer. begin deleteLocal agencies: meetings: real property transactions. end deletebegin insertControlled substances: sentencing.end insert

begin insert

Existing law prohibits a person from using or being under the influence of certain controlled substances, except as specified. A person convicted of violating this prohibition is guilty of a misdemeanor and the court is required to sentence the person to not less than 90 days or more than one year in a county jail. The court is authorized to place a person convicted under this provision on probation for not more than 5 years, and the court is required, as a condition of granting probation, to order the person to serve at least 90 days in a county jail. The court is prohibited, except with regards to specified drug treatment provisions, from absolving a person convicted under this provision from serving at least 90 days in a county jail.

end insert
begin insert

This bill would delete the requirement that a person convicted under this provision serve at least 90 days in a county jail, and would delete the requirement that, as a condition of granting probation, the person serve at least 90 days in a county jail. The bill would make additional conforming changes. The bill would also authorize the court to grant probation for not more than 5 years in addition to any jail sentence imposed.

end insert
begin delete

Existing law, the Ralph M. Brown Act, requires all meetings of the legislative body of a local agency to be open and public, with specified exceptions. Existing law authorizes a legislative body of a local agency, after holding an open and public session as specified, to hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

end delete
begin delete

This bill would instead authorize the legislative body to hold a closed session to grant authority to the negotiator regarding the price and terms of the purchase, sale, exchange, or lease.

end delete
begin delete

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end delete
begin delete

This bill would make legislative findings to that effect.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11550 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

11550.  

(a)  begin deleteNo person end deletebegin insertA person end insertshallbegin insert notend insert use, or be under the
4influence of any controlled substancebegin delete whichend deletebegin insert thatend insert is (1) specified
5in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
6of Section 11054, specified in paragraph (14), (15), (21), (22), or
7(23) of subdivision (d) of Section 11054, specified in subdivision
8(b) or (c) of Section 11055, or specified in paragraph (1) or (2) of
9subdivision (d) or in paragraph (3) of subdivision (e) of Section
1011055, or (2) a narcotic drug classified in Schedule III, IV, or V,
11except when administered by or under the direction of a person
12licensed by the state to dispense, prescribe, or administer controlled
13substances. It shall be the burden of the defense to show that it
14comes within the exception.begin delete Anyend deletebegin insert Aend insert person convicted of violating
15this subdivision is guilty of a misdemeanor and shall be sentenced
16to serve a term of notbegin delete less than 90 days orend delete more than one year in
P3    1a county jail. The court maybegin insert alsoend insert place a person convicted under
2this subdivision on probation for a period not to exceed fivebegin delete years
3and, except as provided in subdivision (c), shall in all cases in
4which probation is granted require, as a condition thereof, that the
5person be confined in a county jail for at least 90 days. Other than
6as provided by subdivision (c), in no event shall the court have the
7power to absolve a person who violates this subdivision from the
8obligation of spending at least 90 days in confinement in a county
9jail.end delete
begin insert years.end insert

10(b)  begin deleteAny end deletebegin insert(1)end insertbegin insertend insertbegin insertA end insertperson whobegin delete (1)end delete is convicted of violating
11subdivision (a) when the offense occurred within seven years of
12that person being convicted of two or more separate violations of
13that subdivision, andbegin delete (2)end delete refuses to complete a licensed drug
14rehabilitation program offered by the court pursuant to subdivision
15(c), shall be punished by imprisonment in a county jail for not less
16than 180 days nor more than one year. In no event does the court
17have the power to absolve a person convicted of a violation of
18subdivision (a)begin delete thatend deletebegin insert whoend insert is punishable under this subdivision from
19the obligation of spending at least 180 days in confinement in a
20county jail unless there are no licensed drug rehabilitation programs
21reasonably available.

begin delete

22For

end delete

23begin insert (2)end insertbegin insertend insertbegin insertForend insert the purpose of this section, a drug rehabilitation program
24begin delete shall not be consideredend deletebegin insert is notend insert reasonably available unless the person
25isbegin insert notend insert required to paybegin delete noend delete more than the court determines that he
26or she is reasonably able tobegin delete pay,end deletebegin insert payend insert in order to participate in the
27program.

28(c)  begin insert(1)end insertbegin insertend insert The court may, when it would be in the interest of
29justice, permitbegin delete anyend deletebegin insert aend insert person convicted of a violation of subdivision
30(a) punishable under subdivision (a) or (b) to complete a licensed
31drug rehabilitation program in lieu of part or all of the
32imprisonment inbegin delete theend deletebegin insert aend insert county jail. As a condition of sentencing,
33the court may require the offender to pay all or a portion of the
34drug rehabilitation program.

begin delete

35In

end delete

36begin insert(2)end insertbegin insertend insertbegin insertInend insert order to alleviate jail overcrowding and to provide
37recidivist offenders with a reasonable opportunity to seek
38rehabilitation pursuant to this subdivision, counties are encouraged
39to include provisions to augment licensed drug rehabilitation
P4    1programs in their substance abuse proposals and applications
2submitted to the state for federal and state drug abuse funds.

3(d)  In addition to any fine assessed under this section, the judge
4may assess a fine not to exceed seventy dollars ($70) againstbegin delete anyend delete
5begin insert aend insert person who violates this section, with the proceeds of this fine
6to be used in accordance with Section 1463.23 of the Penal Code.
7The court shall, however, take into consideration the defendant’s
8ability to pay, andbegin delete noend deletebegin insert aend insert defendant shallbegin insert notend insert be denied probation
9because of his or her inability to pay the fine permitted under this
10subdivision.

11(e)  begin insert(1)end insertbegin insertend insert Notwithstanding subdivisions (a) and (b) or any other
12begin delete provision ofend delete law,begin delete anyend deletebegin insert aend insert person who is unlawfully under the
13influence of cocaine, cocaine base, heroin, methamphetamine, or
14phencyclidine while in the immediate personal possession of a
15loaded, operable firearm is guilty of a public offense punishable
16by imprisonment in a county jail for not exceeding one year or in
17state prison.

begin delete

18As

end delete

19begin insert (2)end insertbegin insertend insertbegin insertAsend insert used in this subdivision “immediate personal possession”
20includes, but is not limited to, the interior passenger compartment
21of a motor vehicle.

22(f)  Every person who violates subdivision (e) is punishable
23upon the second and each subsequent conviction by imprisonment
24in the state prison for two, three, or four years.

25(g)  begin deleteNothing in this section prevents end deletebegin insertThis section does not
26prevent end insert
deferred entry of judgment or a defendant’s participation
27in a preguilty plea drug court program under Chapter 2.5
28(commencing with Section 1000) of Title 6 of Part 2 of the Penal
29Code unless the person is charged with violating subdivision (b)
30or (c) of Section 243 of the Penal Code. A person charged with
31violating this section by being under the influence of any controlled
32substance which is specified in paragraph (21), (22), or (23) of
33subdivision (d) of Section 11054 or in paragraph (3) of subdivision
34(e) of Section 11055 and with violating either subdivision (b) or
35(c) of Section 243 of the Penal Code or with a violation of
36subdivision (e) shall be ineligible for deferred entry of judgment
37or a preguilty plea drug court program.

begin delete
38

SECTION 1.  

Section 54956.8 of the Government Code is
39amended to read:

P5    1

54956.8.  

Notwithstanding any other provision of this chapter,
2a legislative body of a local agency may hold a closed session with
3its negotiator prior to the purchase, sale, exchange, or lease of real
4property by or for the local agency to grant authority to its
5negotiator regarding the price and terms for the purchase, sale,
6exchange, or lease.

7However, prior to the closed session, the legislative body of the
8local agency shall hold an open and public session in which it
9identifies its negotiators, the real property or real properties which
10the negotiations may concern, and the person or persons with whom
11its negotiators may negotiate.

12For purposes of this section, negotiators may be members of the
13legislative body of the local agency.

14For purposes of this section, “lease” includes renewal or
15renegotiation of a lease.

16Nothing in this section shall preclude a local agency from holding
17a closed session for discussions regarding eminent domain
18proceedings pursuant to Section 54956.9.

19

SEC. 2.  

The Legislature finds and declares that Section 1 of
20this act, which amends Section 54956.8 of the Government Code,
21imposes a limitation on the public’s right of access to the meetings
22of public bodies or the writings of public officials and agencies
23within the meaning of Section 3 of Article I of the California
24Constitution. Pursuant to that constitutional provision, the
25Legislature makes the following findings to demonstrate the interest
26protected by this limitation and the need for protecting that interest:

27Local agencies increasingly are entering into more sophisticated
28and complex real estate transactions requiring the negotiation of
29nonmonetary terms outside the scope of the “price and terms of
30payment” that constitute valuable consideration. A local agency
31must be authorized to consider all of the terms of a real estate
32transaction in closed session in order to preserve its negotiating
33position so as to strike the best bargain in the public interest.

end delete


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