SB 212, as amended, Mendoza. Controlled substances: factors in aggravation.
Existing law makes it a felony, punishable by imprisonment in a county jail for 3, 5, or 7 years, to manufacture, compound, convert, produce, derive, process, or prepare by chemical extraction, or by means of chemical synthesis, any controlled substance. Existing law requires the sentencing court to consider the fact that a person under 16 years of age resided in a structure in which a violation of these provisions occurred as a factor in aggravation.
This bill wouldbegin delete requireend deletebegin insert specifically authorizeend insert the sentencing court to consider the fact that a violation involving methamphetamine occurred within 200 feet of an occupied residence as a factor in
aggravation. The bill would alsobegin delete requireend deletebegin insert specifically authorizeend insert the sentencing court to consider the fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence as a factor in aggravation.begin delete By increasing the punishment for an existing crime, this bill would impose a state-mandated local program.end delete
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 deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 11379.6 of the Health and Safety Code
2 is amended to read:
(a) Except as otherwise provided by law, every person
4who manufactures, compounds, converts, produces, derives,
5processes, or prepares, either directly or indirectly by chemical
6extraction or independently by means of chemical synthesis, any
7controlled substance specified in Section 11054, 11055, 11056,
811057, or 11058 shall be punished by imprisonment pursuant to
9subdivision (h) of Section 1170 of the Penal Code for three, five,
10or seven years and by a fine not exceeding fifty thousand dollars
11($50,000).
12(b) Except when an enhancement pursuant to Section 11379.7
13is pled and proved, the fact that a person under 16 years of age
14resided in a structure in which a violation of this
section involving
15methamphetamine occurred shall be considered a factor in
16
aggravation by the sentencing court.
17(c) The fact that a violation of this section involving
18methamphetamine occurred within 200 feet of an occupied
19residence or any structure where another person was present at the
20time the offense was committedbegin delete shallend deletebegin insert mayend insert be considered a factor
21in aggravation by the sentencing court.
22(d) The fact that a violation of this section involving the use of
23a volatile solvent to chemically extract concentrated cannabis
24occurred within 300 feet of an occupied residence or any structure
25where another person was present at the time the offense was
26committedbegin delete shallend deletebegin insert
mayend insert be considered a factor in aggravation by the
27sentencing court.
28(e) Except as otherwise provided by law, every person who
29offers to perform an act which is punishable under subdivision (a)
P3 1shall be punished by imprisonment pursuant to subdivision (h) of
2Section 1170 of the Penal Code for three, four, or five years.
3(f) All fines collected pursuant to subdivision (a) shall be
4transferred to the State Treasury for deposit in the Clandestine
5Drug Lab Clean-up Account, as established by Section 5 of Chapter
61295 of the Statutes of 1987. The transmission to the State Treasury
7shall be carried out in the same manner as fines collected for the
8state by the county.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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