BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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.

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          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;



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                (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

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          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

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          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  

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             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

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