BILL NUMBER: SB 212	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 16, 2015
	PASSED THE ASSEMBLY  JULY 9, 2015
	AMENDED IN ASSEMBLY  JULY 2, 2015
	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 28, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 11, 2015

   An act to amend Section 11379.6 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 212, 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, except when a
specified enhancement is pled and proved.
   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 in aggravation,
except when a specified enhancement is pled and proved. 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.




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

  SECTION 1.  Section 11379.6 of the Health and Safety Code is
amended to read:
   11379.6.  (a) Except as otherwise provided by law, every person
who manufactures, compounds, converts, produces, derives, processes,
or prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, five, or seven years and by
a fine not exceeding fifty thousand dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a violation of this section involving
methamphetamine occurred within 200 feet of an occupied residence or
any structure where another person was present at the time the
offense was committed may be considered a factor in aggravation by
the sentencing court.
   (d) 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 or any structure
where another person was present at the time the offense was
committed may be considered a factor in aggravation by the sentencing
court.
   (e) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for three, four, or five years.
   (f) All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987. The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.