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 inbegin delete aggravation.end deletebegin insert aggravation, except when a specified enhancement is pled and proved.end insert
This bill would specifically authorize the sentencing court to consider the fact that a violation involving methamphetamine occurred
within 200 feet of an occupied residence as a factor inbegin delete aggravation.end deletebegin insert aggravation, except when a specified enhancement is pled and proved.end insert The bill would also specifically authorize 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
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) begin deleteThe end deletebegin insertExcept when an enhancement pursuant to Section
1811379.7 is pled and proved, the end insertfact that a violation of this section
19involving methamphetamine occurred within 200 feet of an
20occupied residence or any structure where another person was
21present at the time the offense was committed may be considered
22a factor in aggravation by the sentencing court.
23(d) The fact that a violation of this section involving the use of
24a volatile solvent to chemically extract concentrated cannabis
25occurred within 300 feet of an occupied residence or any structure
26where another person
was present at the time the offense was
27committed may be considered a factor in aggravation by the
28sentencing court.
29(e) Except as otherwise provided by law, every person who
30offers to perform an act which is punishable under subdivision (a)
31shall be punished by imprisonment pursuant to subdivision (h) of
32Section 1170 of the Penal Code for three, four, or five years.
33(f) All fines collected pursuant to subdivision (a) shall be
34transferred to the State Treasury for deposit in the Clandestine
35Drug Lab Clean-up Account, as established by Section 5 of Chapter
P3 11295 of the Statutes of 1987. The transmission to the State Treasury
2shall be carried out in the same manner as fines collected for the
3state by the county.
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