California Legislature—2015–16 Regular Session

Assembly BillNo. 46


Introduced by Assembly Members Lackey and Melendez

(Coauthors: Assembly Members Baker and Steinorth)

December 1, 2014


An act to amend Sections 11350 and 11377 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 46, as introduced, Lackey. Controlled substances.

(1) Existing law, as amended by the Safe Neighborhoods and Schools Act, a measure approved by the voters at the November 4, 2014, statewide general election, generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. Existing law also provides that when a person has one or more prior convictions for certain enumerated crimes, his or her possession of GHB is a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, and his or her possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in the county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.

This bill would instead provide, without regard for a person’s prior convictions, that possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill would also provide that the possession of GHB by a person who does not have a prior conviction for those certain enumerated crimes is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable in a county jail for 16 months, or 2 or 3 years.

(2) Proposition 47 provides that its provisions may be amended by a statute that is consistent with and furthers its intent and that is passed by a 23 vote of each house of the Legislature and is signed by the Governor. Proposition 47 also provides that the Legislature may, by majority vote, amend, add, or repeal provisions to further reduce the penalties for offenses it addresses.

The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that its provisions become effective only upon approval of the voters at the next statewide election, and would provide for the submission of this measure to the voters for approval at that election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Ketamine, gamma hydroxybutyric acid (GHB), and
4Rohypnol are drugs often characterized as “date rape” drugs.

5(b) GHB is a central nervous system depressant that was
6approved for the treatment of narcolepsy. GHB has no color or
7taste, and is frequently combined with alcohol to commit sexual
8assault.

9(c) Ketamine causes unconsciousness, hallucinations, loss of
10body control, and numbing. Ketamine works very quickly, so
11victims drugged with Ketamine only have a few seconds to react
12before losing consciousness.

13(d) Rohypnol, commonly known as flunitrazepam, and
14sometimes referred to as “roofies,” impairs judgment and leaves
15victims drugged with Rohypnol physically incapacitated. Memory
16loss and confusion under the influence of this drug makes victims
17more vulnerable to rape.

18(e) In order to deter the possession of Ketamine, GHB, and
19Rohypnol by sexual predators and to take steps to prevent the use
20of these drugs to incapacitate victims for purposes of sexual
P3    1exploitation, it is necessary and appropriate that an individual who
2possesses one of these substances be subject to felony penalties.

3

SEC. 2.  

Section 11350 of the Health and Safety Code is
4amended to read:

5

11350.  

(a) begin insert(1)end insertbegin insertend insert Except as otherwise provided in this division,
6every person who possesses (1)begin delete anyend deletebegin insert aend insert controlled substance
7specified in subdivisionbegin delete (b), (c), (e),end deletebegin insert (b) or (c) of, or paragraph
8(1) or (2) of subdivision (e) of,end insert
or paragraph (1) of subdivision (f)
9ofbegin insert,end insert Section 11054, specified in paragraph (14), (15), or (20) of
10subdivision (d) of Section 11054, or specified in subdivision (b)
11or (c) of Section 11055, or specified in subdivision (h) of Section
1211056, or (2)begin delete anyend deletebegin insert aend insert controlled substance classified in Schedule III,
13IV, or V which is a narcotic drug, unless upon the written
14prescription of a physician, dentist, podiatrist, or veterinarian
15licensed to practice in this state, shall be punished by imprisonment
16in a county jail for not more than one year, except that such person
17shall instead be punished pursuant to subdivision (h) of Section
181170 of the Penal Code if that person has one or more prior
19convictions for an offense specified in clause (iv) of subparagraph
20(C) of paragraph (2) of subdivision (e) of Section 667 of the Penal
21Code or for an offense requiring registration pursuant to
22subdivision (c) of Section 290 of the Penal Code.

begin insert

23(2) (A) Except as otherwise provided in subparagraph (B) and
24this division, every person who possesses a controlled substance
25specified in paragraph (3) of subdivision (e) of Section 11054 shall
26be punished by imprisonment in a county jail for not more than
27one year or pursuant to subdivision (h) of Section 1170 of the
28Penal Code.

end insert
begin insert

29(B) Except as otherwise provided in this division, every person
30who has one or more prior convictions for an offense specified in
31 clause (iv) of subparagraph (C) of paragraph (2) of subdivision
32(e) of Section 667 of the Penal Code or for an offense requiring
33registration pursuant to subdivision (c) of Section 290 of the Penal
34Code who possesses a controlled substance specified in paragraph
35(3) of subdivision (e) of Section 11054 shall be punished by
36imprisonment pursuant to subdivision (h) of Section 1170 of the
37Penal Code.

end insert

38(b) Except as otherwise provided in this division, whenever a
39person who possesses any of the controlled substances specified
40in subdivision (a), the judge may, in addition to any punishment
P4    1provided for pursuant to subdivision (a), assess against that person
2a fine not to exceed seventy dollars ($70) with proceeds of this
3fine to be used in accordance with Section 1463.23 of the Penal
4Code. The court shall, however, take into consideration the
5defendant’s ability to pay, and no defendant shall be denied
6probation because of his or her inability to pay the fine permitted
7under this subdivision.

8(c) Except in unusual cases in which it would not serve the
9interest of justice to do so, whenever a court grants probation
10pursuant to a felony conviction under this section, in addition to
11any other conditions of probation which may be imposed, the
12following conditions of probation shall be ordered:

13(1) For a first offense under this section, a fine of at least one
14thousand dollars ($1,000) or community service.

15(2) For a second or subsequent offense under this section, a fine
16of at least two thousand dollars ($2,000) or community service.

17(3) If a defendant does not have the ability to pay the minimum
18fines specified in paragraphs (1) and (2), community service shall
19be ordered in lieu of the fine.

20

SEC. 3.  

Section 11377 of the Health and Safety Code is
21amended to read:

22

11377.  

(a) Except as authorized by law and as otherwise
23provided in subdivision (b) or Section 11375, or in Articlebegin delete 7end deletebegin insert 3end insert
24 (commencing with Sectionbegin delete 4211)end deletebegin insert 4050)end insert of Chapter 9 of Division
252 of the Business and Professions Code, every person who
26possessesbegin delete anyend deletebegin insert aend insert controlled substance which is (1) classified in
27Schedule III, IV, or V, and which is not a narcotic drug, (2)
28specified in subdivision (d) of Section 11054, except paragraphs
29(13), (14), (15), and (20) of subdivision (d), (3) specified in
30paragraph (11) of subdivision (c) of Section 11056, (4) specified
31in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5)
32specified in subdivision (d), (e), or (f) of Section 11055, unless
33upon the prescription of a physician, dentist, podiatrist, or
34veterinarian, licensed to practice in this state, shall be punished by
35imprisonment in a county jail for a period of not more than one
36year, except that such person may instead be punished pursuant
37to subdivision (h) of Section 1170 of the Penal Code if that person
38has one or more prior convictions for an offense specified in clause
39(iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
40Section 667 of the Penal Code or for an offense requiring
P5    1registration pursuant to subdivision (c) of Section 290 of the Penal
2 Code.

begin insert

3(b) Every person who possesses a controlled substance specified
4in subdivision (g) of Section 11056 or specified in paragraph (13)
5of subdivision (d) of Section 11057 shall be punished by
6imprisonment in a county jail for not more than one year or
7pursuant to subdivision (h) of Section 1170 of the Penal Code.

end insert
begin delete

8(b)

end delete

9begin insert(end insertbegin insertc)end insert The judge may assess a fine not to exceed seventy dollars
10($70) against any person who violates subdivision (a), with the
11proceeds of this fine to be used in accordance with Section 1463.23
12of the Penal Code. The court shall, however, take into consideration
13the defendant’s ability to pay, and no defendant shall be denied
14probation because of his or her inability to pay the fine permitted
15under this subdivision.

16

SEC. 4.  

(a) Sections 2 and 3 of this act amend the Safe
17Neighborhoods and Schools Act, Proposition 47, an initiative
18statute that was approved by the voters at the November 4, 2014,
19statewide general election, and shall become effective only when
20submitted to and approved by the voters.

21(b) The Secretary of State shall submit Sections 2 and 3 of this
22act for approval by the voters at the next statewide election
23pursuant to Section 9040 of the Election Code.



O

    99