BILL ANALYSIS �
SB 649
Page 1
SENATE THIRD READING
SB 649 (Leno)
As Amended June 3, 2013
Majority vote
SENATE VOTE :23-14
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
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SUMMARY : Makes the simple possession for personal use of
cocaine, cocaine base, heroin, opium, and other specified
narcotics, opiates and hallucinogens listed in the controlled
substance schedule an alternate felony/misdemeanor ("wobbler"),
rather than a straight felony.
EXISTING LAW :
1)Provides that the possession of cocaine, cocaine base, heroin,
opium, and other specified controlled substances listed in the
controlled substance schedule, unless upon the prescription of
a physician, dentist, podiatrist, or veterinarian licensed to
practice in this state, shall be punished by imprisonment in a
county jail for 16 months, two, or three years.
2)Makes the possession of methamphetamine and other specified
controlled substances listed in the controlled substance
schedule, unless upon the prescription of a physician,
dentist, podiatrist, or veterinarian licensed to practice in
this state, punishable by imprisonment in a county for a term
not to exceed one year, or by imprisonment in a county jail
for 16 months, two, or three years.
3)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
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cocaine, cocaine base, or heroin, or other specified
controlled substances listed in the controlled substance
schedule, without a written prescription from a licensed
physician, dentist, podiatrist, or veterinarian shall be
punished by imprisonment for three, four, or five years.
4)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
methamphetamine, or other specified controlled substances
listed in the controlled substance schedule, without a written
prescription from a licensed physician, dentist, podiatrist,
or veterinarian shall be punished by imprisonment for two,
three, or four years.
5)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport PCP
without a written prescription from a licensed physician,
dentist, podiatrist, or veterinarian shall be punished by
imprisonment for three, four, or five years.
6)States that any person that transports for sale any controlled
substance, as specified, within this state from one county to
another noncontiguous county shall be punished by imprisonment
for three, six, or nine years.
7)Provides that the possession for the purpose of sale of
cocaine or heroin is punishable by two, three, or four years.
8)States that the possession for the purpose of sale of cocaine
base is punishable by three, four, or five years.
9)Provides that the possession for sale of methamphetamine is
punishable by imprisonment for 16 months, two or three years.
10)States that the possession for the purpose of sale of PCP is
punishable by imprisonment for three, four, or five years.
11)Classifies controlled substances in five schedules according
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to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 649 will allow counties
to preserve scarce resources by providing greater flexibility in
drug sentencing at the local level.
"Specifically, SB 649 would give local prosecuting attorneys the
discretion to charge the simple possession of drugs as either a
misdemeanor or a felony, as they deem appropriate. SB 649 would
also give judges the discretion to deem a non-violent drug
possession offense to be either a misdemeanor or felony after
consideration of the defendant's record.
"The revised penalty is already the case for methamphetamine and
does not apply to anyone involved in selling, manufacturing or
possessing drugs for sale.
"Thirteen other states, the federal government, and the District
of Columbia punish simple drug possession as a misdemeanor. SB
649 will take a more moderate approach by allowing local
prosecutors to charge in a manner that best suits their
community's needs. There is no mandatory sentence under SB 649.
"The LAO estimates that the discretion authorized by SB 649 will
allow local governments to save as much as $160 million
statewide each year. In addition, recent polling indicates
that, across party lines, 75% of California voters favor
alternatives to incarceration for low-level drug possession.
"SB 649 will provide counties with an additional tool to help
alleviate overcrowding in our local jails, ease pressure on
California's court system, and save millions of dollars
needlessly spend on incarceration of low-level offenders which
would be better spent on effective and cost efficient programs
that are proven to break the cycle of addiction and reduce
recidivism."
Please see the policy committee analysis for a full discussion
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of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001144