Amended in Senate March 17, 2014

Senate BillNo. 1010


Introduced by Senator Mitchell

begin insert

(Principal coauthor: Senator Hancock)

end insert
begin insert

(Principal coauthor: Assembly Member Ammiano)

end insert
begin insert

(Coauthors: Assembly Members Hall, Jones-Sawyer, and Quirk)

end insert

February 13, 2014


An act to amendbegin delete Section 11006 of the Penal Code, relating to the Department of Justiceend deletebegin insert Sections 11351.5 and 11470 of the Health and Safety Code, and to amend Section 1203.073 of the Penal Code, relating to controlled substancesend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 1010, as amended, Mitchell. begin deleteDepartment of Justice: peace officers: training. end deletebegin insertCocaine base: penalties.end insert

begin insert

Existing law provides that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in the state prison for a period of 3, 4, or 5 years.

end insert
begin insert

This bill instead would provide that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in the state prison for 2, 3, or 4 years.

end insert
begin insert

Existing law generally provides that the interest of any registered owner of a boat, airplane, or any vehicle, except as specified, that has been used to facilitate the manufacture of, or possession for sale or sale of, 14.25 grams or more of cocaine base or 28.5 grams or more of cocaine is subject to forfeiture, as specified.

end insert
begin insert

This bill would revise that provision to instead make property that has been used to facilitate the manufacture of, or possession for sale or sale of, 28.5 grams or more of cocaine base or cocaine subject to forfeiture.

end insert
begin insert

Existing law, except in unusual cases, prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale a substance containing 57 grams or more of a substance containing cocaine, 14.25 grams of more of cocaine base, or 57 grams or more of a substance containing at least 5 grams of cocaine base, and transporting or importing for sale, selling, or offering to sell cocaine base.

end insert
begin insert

This bill would delete those provisions and would instead prohibit, except in unusual cases, granting probation or suspending a sentence for persons convicted of possessing for sale or selling a substance containing 28.5 grams or more of cocaine base or 57 grams or more of a substance containing at least 5 grams of cocaine or cocaine base.

end insert
begin insert

By making additional persons eligible for probation, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing requires the Department of Justice to require all persons employed within the department as peace officers and performing investigative duties to obtain a certificate from the Commission on Peace Officer Standards and Training.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThis act shall be known, and may be cited, as the
2California Fair Sentencing Act.end insert

3begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

(a) The Legislature finds and declares that cocaine
4hydrochloride (powder cocaine) and cocaine base (crack cocaine)
5are two forms of the same drug, the effects of which on the human
6body are so similar that to mete out unequal punishment for the
P3    1same crime (e.g., possession for sale of a particular form of
2cocaine), is wholly and cruelly unjust.

end insert
begin insert

3(b) It is the intent of the Legislature in enacting this act to
4provide that for the purposes of determining appropriate penalties
5for crimes relating to cocaine hydrochloride and cocaine base,
6including, but not limited to, the crime of possession, possession
7for sale, or transportation for sale, cocaine hydrochloride and
8cocaine base shall be treated in an identical manner.

end insert
9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 11351.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

11351.5.  

Except as otherwise provided in this division, every
12person who possesses for sale or purchases for purposes of sale
13cocaine basebegin insert,end insert which is specified in paragraph (1) of subdivision
14(f) of Section 11054, shall be punished by imprisonment pursuant
15to subdivision (h) of Section 1170 of the Penal Code for a period
16ofbegin delete three, four, or fiveend deletebegin insert two, three, or fourend insert years.

17begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11470 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

11470.  

The following are subject to forfeiture:

20(a) All controlled substances which have been manufactured,
21distributed, dispensed, or acquired in violation of this division.

22(b) All raw materials, products, and equipment of any kind
23which are used, or intended for use, in manufacturing,
24compounding, processing, delivering, importing, or exporting any
25controlled substance in violation of this division.

26(c) All property except real property or a boat, airplane, or any
27vehicle which is used, or intended for use, as a container for
28property described in subdivision (a) or (b).

29(d) All books, records, and research products and materials,
30including formulas, microfilm, tapes, and data which are used, or
31intended for use, in violation of this division.

32(e) The interest of any registered owner of a boat, airplane, or
33any vehicle other than an implement of husbandry, as defined in
34Section 36000 of the Vehicle Code, which has been used as an
35instrument to facilitate the manufacture of, or possession for sale
36or sale of 14.25 grams or more of heroinbegin delete or cocaine base as
37specified in paragraph (1) of subdivision (f) of Section 11054end delete
, or
38a substance containing 14.25 grams or more of heroinbegin delete or cocaine
39base as specified in paragraph (1) of subdivision (f) of Section
4011054end delete
, or 14.25 grams or more of a substance containing heroin
P4    1begin delete or cocaine base as specified in paragraph (1) of subdivision (f) of
2Section 11054end delete
, or 28.5 grams or more of Schedule I controlled
3substances except marijuana, peyote, or psilocybin; 10 pounds dry
4weight or more of marijuana, peyote, or psilocybin; or 28.5 grams
5or more of cocaine, as specified in paragraph (6) of subdivision
6(b) of Section 11055,begin insert cocaine base as specified in paragraph (1)
7of subdivision (f) of Section 11054,end insert
or methamphetamine; or a
8substance containing 28.5 grams or more of cocaine, as specified
9in paragraph (6) of subdivision (b) of Section 11055,begin insert cocaine base
10as specified in paragraph (1) of subdivision (f) of Section 11054,end insert

11 or methamphetamine; or 57 grams or more of a substance
12containing cocaine, as specified in paragraph (6) of subdivision
13(b) of Section 11055,begin insert cocaine base as specified in paragraph (1)
14of subdivision (f) of Section 11054,end insert
or methamphetamine; or 28.5
15grams or more of Schedule II controlled substances. No interest
16in a vehicle which may be lawfully driven on the highway with a
17class C, class M1, or class M2 license, as prescribed in Section
1812804.9 of the Vehicle Code, may be forfeited under this
19subdivision if there is a community property interest in the vehicle
20by a person other than the defendant and the vehicle is the sole
21class C, class M1, or class M2 vehicle available to the defendant’s
22immediate family.

23(f) All moneys, negotiable instruments, securities, or other things
24of value furnished or intended to be furnished by any person in
25exchange for a controlled substance, all proceeds traceable to such
26an exchange, and all moneys, negotiable instruments, or securities
27used or intended to be used to facilitate any violation of Section
2811351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5,
2911379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or
30Section 182 of the Penal Code, or a felony violation of Section
3111366.8 of this code, insofar as the offense involves manufacture,
32sale, possession for sale, offer for sale, or offer to manufacture, or
33conspiracy to commit at least one of those offenses, if the
34exchange, violation, or other conduct which is the basis for the
35forfeiture occurred within five years of the seizure of the property,
36or the filing of a petition under this chapter, or the issuance of an
37order of forfeiture of the property, whichever comes first.

38(g) The real property of any property owner who is convicted
39of violating Section 11366, 11366.5, or 11366.6 with respect to
40that property. However, property which is used as a family
P5    1residence or for other lawful purposes, or which is owned by two
2or more persons, one of whom had no knowledge of its unlawful
3use, shall not be subject to forfeiture.

4(h) begin insert(1)end insertbegin insertend insertSubject to the requirements of Section 11488.5 and
5except as further limited by this subdivision to protect innocent
6parties who claim a property interest acquired from a defendant,
7all right, title, and interest in any personal property described in
8this section shall vest in the state upon commission of the act giving
9rise to forfeiture under this chapter, if the state or local
10governmental entity proves a violation of Section 11351, 11351.5,
1111352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5,
1211379.6, 11380, 11382, or 11383 of this code, or Section 182 of
13the Penal Code, or a felony violation of Section 11366.8 of this
14code, insofar as the offense involves the manufacture, sale,
15possession for sale, offer for sale, offer to manufacture, or
16conspiracy to commit at least one of those offenses, in accordance
17with the burden of proof set forth in paragraph (1) of subdivision
18(i) of Section 11488.4 or, in the case of cash or negotiable
19instruments in excess of twenty-five thousand dollars ($25,000),
20paragraph (4) of subdivision (i) of Section 11488.4.

begin delete

21 The

end delete

22begin insert(2)end insertbegin insertend insertbegin insertTheend insert operation of the special vesting rule established by this
23subdivision shall be limited to circumstances where its application
24will not defeat the claim of any person, including a bona fide
25purchaser or encumbrancer who, pursuant to Section 11488.5,
2611488.6, or 11489, claims an interest in the property seized,
27 notwithstanding that the interest in the property being claimed was
28acquired from a defendant whose property interest would otherwise
29have been subject to divestment pursuant to this subdivision.

30begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1203.073 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
31read:end insert

32

1203.073.  

(a) A person convicted of a felony specified in
33subdivision (b) may be granted probation only in an unusual case
34where the interests of justice would best be served. When probation
35is granted in such a case, the court shall specify on the record and
36shall enter in the minutes the circumstances indicating that the
37interests of justice would best be served by such a disposition.

38(b) Except as provided in subdivision (a), probation shall not
39be granted to, nor shall the execution or imposition of sentence be
40suspended for, any of the following persons:

P6    1(1) Any person who is convicted of violating Section 11351begin insert or
211351.5end insert
of the Health and Safety Code by possessing for sale, or
3Section 11352 of the Health and Safety Code by selling, a
4substance containing 28.5 grams or more of cocaine as specified
5in paragraph (6) of subdivision (b) of Section 11055 ofbegin insert, or cocaine
6base as specified in paragraph (1) of subdivision (f) of Section
711054 of,end insert
the Health and Safety Code, or 57 grams or more of a
8substance containingbegin insert at least five grams ofend insert cocaine as specified in
9paragraph (6) of subdivision (b) of Section 11055 ofbegin insert, or cocaine
10base as specified in paragraph (1) of subdivision (f) of Section
1111054 of,end insert
the Health and Safety Code.

12(2) Any person who is convicted of violating Section 11378 of
13the Health and Safety Code by possessing for sale, or Section
1411379 of the Health and Safety Code by selling a substance
15containing 28.5 grams or more of methamphetamine or 57 grams
16or more of a substance containing methamphetamine.

17(3) Any person who is convicted of violating subdivision (a) of
18Section 11379.6 of the Health and Safety Code, except those who
19manufacture phencyclidine, or who is convicted of an act which
20is punishable under subdivision (b) of Section 11379.6 of the
21Health and Safety Code, except those who offer to perform an act
22which aids in the manufacture of phencyclidine.

23(4) Except as otherwise provided in Section 1203.07, any person
24who is convicted of violating Section 11353 or 11380 of the Health
25and Safety Code by using, soliciting, inducing, encouraging, or
26intimidating a minor to manufacture, compound, or sell heroin,
27cocaine base as specified in paragraph (1) of subdivision (f) of
28Section 11054 of the Health and Safety Code, cocaine as specified
29in paragraph (6) of subdivision (b) of Section 11055 of the Health
30and Safety Code, or methamphetamine.

begin delete

31(5) Any person who is convicted of violating Section 11351.5
32of the Health and Safety Code by possessing for sale a substance
33containing 14.25 grams or more of cocaine base as specified in
34paragraph (1) of subdivision (f) of Section 11054 of the Health
35and Safety Code or 57 grams or more of a substance containing
36at least five grams of cocaine base as specified in paragraph (1)
37of subdivision (f) of Section 11054 of the Health and Safety Code.

38(6) Any person who is convicted of violating Section 11352 of
39the Health and Safety Code by transporting for sale, importing for
40sale, or administering, or by offering to transport for sale, import
P7    1for sale, or administer, or by attempting to import for sale or
2transport for sale, cocaine base as specified in paragraph (1) of
3subdivision (f) of Section 11054 of the Health and Safety Code.

4(7) Any person who is convicted of violating Section 11352 of
5the Health and Safety Code by selling or offering to sell cocaine
6base as specified in paragraph (1) of subdivision (f) of Section
711054 of the Health and Safety Code.

8(8)

end delete

9begin insert(5)end insert Any person convicted of violating Section 11379.6, 11382,
10or 11383 of the Health and Safety Code with respect to
11methamphetamine, if he or she has one or more prior convictions
12for a violation of Section 11378, 11379, 11379.6, 11380, 11382,
13or 11383 with respect to methamphetamine.

14(c) As used in this section, the term “manufacture” refers to the
15act of any person who manufactures, compounds, converts,
16produces, derives, processes, or prepares, either directly or
17indirectly by chemical extraction or independently by means of
18chemical synthesis.

19(d) The existence of any previous conviction or fact which would
20make a person ineligible for probation under this section shall be
21alleged in the information or indictment, and either admitted by
22the defendant in open court, or found to be true by the jury trying
23the issue of guilt or by the court where guilt is established by a
24plea of guilty or nolo contendere or by trial by the court sitting
25without a jury.

26begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.

end insert
begin delete
35

SECTION 1.  

Section 11006 of the Penal Code is amended to
36read:

37

11006.  

The Attorney General shall appoint such agents and
38other employees as he deems necessary to carry out the provisions
39of this chapter.

P8    1The Department of Justice shall require all persons employed
2after July 1, 1973, within the department designated as peace
3officers and performing investigative duties to obtain a certificate
4from the Commission on Peace Officer Standards and Training.

end delete


O

    98