BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 649| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 649 Author: Leno (D), et al. Amended: 4/17/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/23/13 AYES: Hancock, Block, De León, Liu, Steinberg NOES: Anderson, Knight SUBJECT : Possession of controlled substances: penalties SOURCE : American Civil Liberties Union California Public Defenders Association Californians for Safety and Justice California State NAACP Drug Policy Alliance Friends Committee on Legislation, California William C. Velásquez Institute DIGEST : This bill provides that possession for personal use of specified controlled substances is an alternate felony-misdemeanor (wobbler), not a straight felony. ANALYSIS : Existing law: 1. Classifies controlled substances in five schedules, generally according to their danger and potential for abuse. CONTINUED SB 649 Page 2 2. Provides penalties for sale, possession for sale or distribution, sale or distribution, and manufacturing of controlled substances. 3. With numerous exceptions, includes the following penalties for drug offenses: A. Heroin, cocaine and other specified drugs: (1) possession - felony - prison term of 16 months, two years or three years (2) possession for sale or distribution - felony - prison for two, three or four years; (3) possession of cocaine base (crack) for sale - felony - prison for three, four, five years; and (4) sale or distribution - felony term of three, six or nine year term. B. Methamphetamine and other specified drugs: (1) possession - alternate felony-misdemeanor; (2) possession for sale or distribution - felony; and (3) sale or distribution - felony term of two, three or four years. C. Marijuana: (1) possession of under an ounce is an infraction; CONTINUED SB 649 Page 3 (2) possession of hashish - alternate felony-misdemeanor; (3) cultivation or processing - felony; (4) possession for sale - felony; and (5) sale or distribution - felony term of two, three or four years. 4. Provides that being under the influence of a specified controlled substance is a misdemeanor. 5. Requires persons who have been convicted of one of a list of numerous drug and drug-related crimes, including possession, possession for sale and sale of various controlled substances to register with the local police chief or sheriff, as specified. The registration requirement does not apply to a person convicted of misdemeanor possession of methamphetamine (or a specified drug such as psilocybin mushrooms). This bill provides that possession for personal use of specified controlled substances is a wobbler. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/26/13) American Civil Liberties Union (co-source) California Public Defenders Association (co-source) Californians for Safety and Justice (co-source) California State NAACP (co-source) Drug Policy Alliance (co-source) Friends Committee on Legislation, California (co-source) William C. Velásquez Institute (co-source) A New PATH (Parents for Addiction Treatment and Healing) A New Way of Life Re-entry Project Advancement Project Aegis Medical Systems Alpha Project Alternatives to Incarceration of Tulare CONTINUED SB 649 Page 4 Amity Foundation Asian Law Caucus BAART Programs Broken No More Brownie Mary Democratic Club of Riverside County California Association of Alcohol and Drug Program Executives, Inc. California Attorneys for Criminal Justice California Church IMPACT California Civil Rights Coalition California Drug Counseling, Inc. California Faith Action California Judges Association California Opioid Maintenance Providers California Partnership California Society of Addiction Medicine Center for Health Justice Center for Living and Learning Center on Juvenile and Criminal Justice Central Valley Progressive Clergy & Laity United for Economic Justice, Los Angeles Conference of California State Bar Associations Courage Campaign Cri-Help, Inc. Ella Baker Center for Human Rights FACTS Greenlining Institute HealthRIGHT360 Homeless Healthcare Los Angeles Human Rights Watch LA Community Action Network Labor/Community Strategy Center Law Enforcement Against Prohibition Legal Services for Prisoners with Children Los Angeles County HIV & Alcohol Task Force Los Angeles Metropolitan Churches Los Angeles Regional Reentry Partnership National Council of La Raza National Employment Law Project National Latino Evangelical Coalition Right on Crime Sacramento Homeless Organizing Committee San Diego Chapter - National Organization for the Reform of Marijuana Laws Women's Alliance CONTINUED SB 649 Page 5 Students for Sensible Drug Policy, Whittier Law School Chapter Tarzana Treatment Centers, Inc. The Greenlining Institute The Sentencing Project Time for Change Foundation Women's Council of the National Association of Social Workers, California Chapter Women's Foundation of California Youth Justice Coalition OPPOSITION : (Verified 4/26/13) California District Attorneys Association California Narcotics Officers Association California Police Chiefs' Association California State Sheriffs' Association ARGUMENTS IN SUPPORT : According to the author: SB 649 will support reentry and reduce recidivism. Those convicted of a misdemeanor will be spared the lifelong barriers that follow a felony conviction, including obstacles to housing, employment, and even public support. Those convicted of a felony will be able to ask a court to reduce the conviction on their record to a misdemeanor after they have successfully completed probation. If the reduction is granted, a prospective employer or landlord will see the original conviction but also that a court had reduced the conviction to a misdemeanor following successful completion of probation. This signals rehabilitation to an employer and can increase a person's employment prospects. Allowing those committed to successful reentry an opportunity at a meaningful second chance both incentivizes positive behavior while under criminal justice supervision and supports people in achieving self-reliance. SB 649 will reduce disproportionate impact. Despite similar levels of drug use across racial and ethnic lines, people of color are vastly disproportionately arrested, prosecuted and incarcerated for drug offenses. SB 649 CONTINUED SB 649 Page 6 will have a tremendous positive impact for families and communities of color. ARGUMENTS IN OPPOSITION : The California District Attorneys Association writes in opposition that, "This bill would allow for a reduced penalty for the possession of specified controlled substances. Undoubtedly, drugs such as heroin and cocaine are highly addictive. Most would concede that drug additions destroy lives and families, and are damaging to society. Minimizing the consequences of addictive and destructive behavior does not make it less addictive or destructive. Additionally, this bill will undoubtedly result in more offenders being sentenced to county jail. Counties are already dealing with the overwhelming impacts of criminal justice realignment and this bill will exacerbate the overcrowding problems that plague our county jails." JG:d 4/26/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED