BILL NUMBER: AB 947	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chávez
   (Coauthor: Assembly Member Jones)

                        FEBRUARY 26, 2015

   An act to amend Section 11370.1 of the Health and Safety Code, and
to amend Section 12022 of the Penal Code, relating to controlled
substances.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 947, as introduced, Chávez. Controlled substances: firearms.
   (1) Existing law makes it a felony, punishable by imprisonment in
the state prison for 2, 3, or 4 years to unlawfully possess any
amount of a substance containing cocaine base, cocaine, heroin,
methamphetamine, or phencyclidine while armed with a loaded, operable
firearm.
   This bill would instead make that felony punishable in a county
jail. By requiring the felony to be served in county jail, this bill
would impose a state-mandated local program.
   (2) Existing law imposes an enhancement of 3, 4, or 5 years on the
sentence of a person who is personally armed with a firearm in the
commission of a violation of specified controlled substance offenses.

   This bill would require the enhancement to be served in state
prison.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11370.1 of the Health and Safety Code is
amended to read:
   11370.1.  (a)  Notwithstanding Section 11350 or 11377 or any other
 provision of  law,  every   a
 person who unlawfully possesses any amount of a substance
containing cocaine base, a substance containing cocaine, a substance
containing heroin, a substance containing methamphetamine, a
crystalline substance containing phencyclidine, a liquid substance
containing phencyclidine, plant material containing phencyclidine, or
a hand-rolled cigarette treated with phencyclidine while armed with
a loaded, operable firearm is guilty of a felony punishable by
imprisonment  in the state prison   pursuant to
subdivision (h) of Section 1170 of the Penal Code  for two,
three, or four years.
   As used in this subdivision, "armed with" means having available
for immediate offensive or defensive use.
   (b)   Any   A  person who is convicted
under this section shall be ineligible for diversion or deferred
entry of judgment under Chapter 2.5 (commencing with Section 1000) of
Title 6 of Part 2 of the Penal Code.
  SEC. 2.  Section 12022 of the Penal Code is amended to read:
   12022.  (a) (1) Except as provided in subdivisions (c) and (d), a
person who is armed with a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one year, unless the arming is an element of that offense. This
additional term shall apply to a person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with a firearm, whether or not the person is
personally armed with a firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 30510 or 30515, or a machinegun, as defined in Section 16880,
or a .50 BMG rifle, as defined in Section 30530, the additional and
consecutive term described in this subdivision shall be three years
imprisonment pursuant to subdivision (h) of Section 1170 whether or
not the arming is an element of the offense of which the person was
convicted. The additional term provided in this paragraph shall apply
to any person who is a principal in the commission of a felony or
attempted felony if one or more of the principals is armed with an
assault weapon, machinegun, or a .50 BMG rifle, whether or not the
person is personally armed with an assault weapon, machinegun, or a .
50 BMG rifle.
   (b) (1) A person who personally uses a deadly or dangerous weapon
in the commission of a felony or attempted felony shall be punished
by an additional and consecutive term of imprisonment in the state
prison for one year, unless use of a deadly or dangerous weapon is an
element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be in
the state prison for one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
a person who is personally armed with a firearm in the commission of
a violation or attempted violation of Section 11351, 11351.5, 11352,
11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the
Health and Safety Code shall be punished by an additional and
consecutive term of imprisonment  pursuant to subdivision (h)
of Section 1170   in the state prison  for three,
four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
a person who is not personally armed with a firearm who, knowing that
another principal is personally armed with a firearm, is a principal
in the commission of an offense or attempted offense specified in
subdivision (c), shall be punished by an additional and consecutive
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one, two, or three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as a single
enhancement.
   (f) Notwithstanding any other  provision of  law,
the court may strike the additional punishment for the enhancements
provided in subdivision (c) or (d) in an unusual case where the
interests of justice would best be served, if the court specifies on
the record and enters into the minutes the circumstances indicating
that the interests of justice would best be served by that
disposition.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.