BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1283|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1283
Author: Galgiani (D)
Amended: 5/27/14
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Controlled substances
SOURCE : California Narcotics Officers Association
DIGEST : This bill seeks to impose penalties, and provide a
means for subsequent education and treatment, for those
convicted of the personal possession and/or use of specified
substances.
ANALYSIS :
Existing law:
1.Lists controlled substances in five "schedules" - intended to
list drugs in decreasing order of harm and increasing medical
utility or safety - and provides penalties for possession of
and commerce in controlled substances.
CONTINUED
SB 1283
Page
2
2.Provides that any person who possesses for sale, sells or
furnishes any synthetic cannabinoid compound shall be punished
by imprisonment in the county jail for up to six months, a
fine of up to $1,000, or both.
3.Provides that any person who sells, dispenses, distributes, or
gives the stimulant substances naphthylpyrovalerone or
cathinone, or specified variations of these drugs, or who
offers to do such acts, is guilty of a misdemeanor, punishable
by a jail term of up to six months, a fine of up to $1,000, or
both.
4.Provides that no person shall use, or be under the influence
of, a specified controlled substance. Violation of this
provision is a misdemeanor.
This bill:
1.Makes the use or possession of a specified synthetic
cannabinoid or synthetic stimulant a crime, subject to
following penalties:
A. For a first offense, an infraction punishable by a fine
not exceeding $250.
B. For a second offense, an infraction punishable by a fine
not exceeding $250 or a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, a
fine not exceeding $500, or by both that fine and
imprisonment.
C. For a third or subsequent offense, a misdemeanor
punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding $1,000, or by both
that fine and imprisonment.
1.Requests the Luskin School of Public Affairs at the University
of California, Los Angeles (UCLA), or requires the Judicial
Council to contract with another entity, to design an
evidence-based education program and treatment model for
participation in by individuals convicted of these crimes.
2.Requires the Judicial Council to approve the program upon a
specified finding and assist courts in obtaining educational
CONTINUED
SB 1283
Page
3
materials.
3.Authorizes the Judicial Council to consult with the Department
of Health Care Services (DHCS) during the approval and
implementation process.
4.Provides that a defendant convicted of the crime created, as
specified may elect to participate in the program and have
his/her execution of sentence stayed, as specified.
5.Provides that a defendant convicted of this crime who was
granted probation and required to participate in a drug
treatment program but did not successfully complete the
program shall be presumed eligible for participation in any
available drug court program.
6.Revises the definition of "nonviolent drug possession offense"
to include the misdemeanor offense of using or possessing a
synthetic cannabinoid or synthetic stimulant compound.
7.Specifies that this bill becomes operative January 1, 2016.
Prior Legislation
AB 486 (Hueso, Chapter 656, Statutes of 2011) makes it a crime,
punishable by imprisonment in a county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, to sell,
dispense, distribute, furnish, administer, or give, to offer to
sell, dispense, distribute, furnish, administer, or give, or to
possess for sale, any synthetic stimulant compound or any
specified synthetic stimulant derivative.
SB 420 (Hernandez, Chapter 420, Statutes of 2011) makes it a
misdemeanor to sell, dispense, distribute, furnish, administer,
or give, or offer to sell, dispense, distribute, furnish,
administer, or give, or possess for sale any synthetic
cannabinoid compound or any synthetic cannabinoid derivative.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Non-reimbursable local enforcement costs offset to a degree by
CONTINUED
SB 1283
Page
4
fine revenue for infraction and misdemeanor convictions.
Unknown, but potentially significant one-time costs (General
Fund) for the Luskin School, UCLA to design the program and
treatment model.
To the extent the Judicial Council contracts out with another
entity, one-time costs of $115,000 (General Fund) for staff
time to develop a proposal and grant contract.
Unknown, potentially major costs to the courts to administer
the post-conviction treatment program. Assuming 300 cases to
1,450 cases (5 to 25 cases per county) statewide, annual costs
are estimated in the range of $1.1 million to $5.1 million
(Trial Court Trust Fund). To the extent the participant
caseload is greater, costs could be significantly higher.
Minor costs to DHCS to provide consultation services during
program approval and implementation process.
SUPPORT : (Verified 5/27/14)
California Narcotics Officers Association (source)
California District Attorneys Association
California Police Chiefs Association
International Faith Based Coalition
OPPOSITION : (Verified 5/27/14)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Drug Policy Alliance
Friends Committee on Legislation of California
ARGUMENTS IN SUPPORT : According to the author's office:
Although existing law prohibits the sale and possession for sale
of synthetic marijuana and bath salts, there is no such
prohibition against use and possession. Not only is this
inconsistent with the rest of the law relating to controlled
substances, but these drugs are highly dangerous. Both
synthetic marijuana and bath salts have been associated with
overdose deaths; they have also been associated with aggressive
CONTINUED
SB 1283
Page
5
behavior, with one of the more notorious incidents involving a
person under the influence of bath salts who literally ate the
face off of his victim. This last incident has caused many
observers to characterize these substances as pharmacological
assault weapons.
According to the American Medical Association, the popularity of
synthetic drugs has grown recently, particularly among teens who
may not be aware of the drugs' potential danger. Their
innocuous-sounding names, such as "Ivory Wave," "Vanilla Sky,"
and "Pineapple Express" contribute to the misperception of these
drugs. They are poisonous substances that can and have resulted
in death. SB 1283 protects our communities and takes
synthetics drugs off the streets by providing penalties for the
personal possession of these dangerous substances.
ARGUMENTS IN OPPOSITION : The Drug Policy Alliance (DPA)
states, "We do not believe that it is the author's intent to
deny young people and others the opportunity to go to college,
join the armed forces, or find employment. However, that is the
likely outcome of SB 1283. The lifetime consequences of a
misdemeanor drug possession offense include: loss of
educational benefits to pay for college, denial of federally
subsidized housing benefits; denial of nutritional and job
training benefits (in other states); reduced opportunity for
employment in the public and private sector; discharge from
military service and loss of veterans benefits, among others.
These life-long collateral consequences are simply not
warranted, and do nothing to advance our state's public safety,
public health and economic goals.
Further DPA opposes this bill because our current drug laws are
applied in a racially and economically biased manner and there
is no reason to believe that these new penalties will be applied
equitably.
JG:e 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
SB 1283
Page
6
CONTINUED