BILL ANALYSIS Ó
SB 212
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Date of Hearing: June 30, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
212 (Mendoza) - As Amended June 2, 2015
As Proposed to be Amended in Committee
SUMMARY: Provides that where a defendant is convicted of
manufacturing methamphetamine or concentrated cannabis by
chemical extraction within a specified distance of an occupied
residence or a structure where another person was present at the
time the offense was committed, the sentencing court may
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consider that fact as a factor in aggravation. Specifically,
this bill:
1)Provides that if methamphetamine is manufactured, compounded,
converted, produced, derived, processed, or prepared within
200 feet of an occupied residence or any structure where
another person was present at the time the offense was
committed, a sentencing court may consider that fact as a
factor in aggravation.
2)States that if concentrated cannabis is chemically extracted
by means of a volatile solvent within 300 feet of an occupied
residence or any structure where another person was present at
the time the offense was committed, a sentencing court may
consider that fact as a factor in aggravation.
EXISTING LAW:
1)Provides that any person who manufactures, compounds,
converts, produces, derives, processes, or prepares specified
controlled substances is guilty of a felony, punishable by
imprisonment in the state prison for three, five or seven
years. (Health & Saf. Code, § 11379.6.)
2)Any person convicted of the manufacture of methamphetamine or
PCP where the offense occurs in a structure where a child
under 16 years of age is present shall be punished by an
additional and consecutive two years in state prison.
(Health & Saf. Code, § 11379.7, subd , (a).)
3)Provides that any person convicted of manufacturing or
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attempting to manufacture methamphetamine or Phencyclidine
(PCP), or possessing or attempting to possess specified
substances with the intent to manufacture methamphetamine or
PCP, when the commission or attempted commission of the crime
occurs in a structure where any child under 16 years of age is
present, shall, in addition and consecutive to the punishment
prescribed for the felony of which he or she has been
convicted, be punished by an additional term of two years in
the state prison. (Health & Saf. Code, § 11379.7, subd. (a).)
4)States that any person convicted of manufacturing or
attempting to manufacture methamphetamine or PCP, or
possessing or attempting to possess specified substances with
the intent to manufacture methamphetamine or PCP, where the
commission of the crime causes any child under 16 years of age
to suffer great bodily injury, shall, in addition and
consecutive to the punishment prescribed for the felony of
which he or she has been convicted, be punished by an
additional term of five years in the state prison. (Health &
Saf. Code, § 11379.7, subd. (b).)
5)Provides that any person convicted of the manufacture of
methamphetamine or PCP where the commission of the offense
causes a child under 16 years of age to suffer great bodily
injury shall be punished by an additional and consecutive five
years in state prison. (Health & Saf. Code, § 11379.7 subd.
(b).)
6)Any person who possesses specified chemicals with the intent
to manufacture methamphetamine or PCP shall be punished by
two, four, or six years in state prison. (Health & Saf. Code,
§ 11383.)
7)Provides that any person 18 or older who is convicted of the
sale, possession for sale or manufacture of certain controlled
substances, as specified, or of a conspiracy to commit one of
those offenses, upon the grounds of, or within 1,000 feet of,
a public or private elementary, vocational, junior high, or
high school during hours that the school is open for classes
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or school-related programs, or at any time when minors are
using the facility, shall be punished by an additional of
three, four, or five years in state prison at the court's
discretion. This penalty is to be served in addition to the
penalty for the underlying drug offense. (Health & Saf. Code,
§ 11353.6, subd. (b).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "The manufacture
of methamphetamine and butane honey oil (BHO) poses
significant risks to residents and school aged children in the
areas surrounding the locations where these crimes take place.
Mixing chemicals in clandestine labs is an inherently
dangerous activity that creates substantial risk of
explosions, fires, chemical burns, and toxic fume inhalation
from the off-gassing of chemical compounds. These risks extend
well beyond the walls of the lab itself, placing nearby
residents, students, and property in danger. In an effort to
protect our neighborhoods and schools, SB 212 provides for an
aggravated felony for the manufacturing of methamphetamine
within 200 feet and BHO within 300 feet from an occupied
residence or structure."
2)Argument in Support: The California State Sheriffs'
Association states, "Senate Bill 212, which provides that
certain facts may be considered as factors in aggravation
during sentencing for the offense of controlled substance
manufacture preparation, or extraction.
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"It goes without saying that the manufacture and extraction of
controlled substances is a dangerous activity. When it takes
place in the proximity of other persons, the threat is
heightened and the potential for injury and death of innocent
persons grows. Court should be permitted to consider the fact
that controlled substance manufacturing and extraction
offenses took place within certain distances of occupied
residences or any structures where others are present at the
time of sentencing. "
3)Argument in Opposition: Legal Services for Prisoners with
Children argues, "Sentencing augmentation zones of the kind
proposed by SB 212 are, of course, intended to protect
residents from the potential harms of drug production. In
practice, however, these zones do very little to protect the
public, and instead serve only to exacerbate racial and
economic disparity in drug crime sentencing.
"Under existing California law, production of a controlled
substance by chemical extraction is a felony punishable by 3,
5, or 7 years imprisonment, with potential sentencing
enhancements when production or methamphetamine occurs in a
structure where a person age 16 or younger resides. SB 212
would create the possibility of further lengthening sentences
for individuals convicted of methamphetamine production within
200 feet or concentrated cannabis production within 300 feet
of a residence.
"Like most sentencing augmentation zones, the distance proposed
by SB 212 is too large to be effective. The 200 to 300 foot
zone is about equivalent of the length of a city block. In
dense urban areas like San Francisco or downtown Los Angeles,
where the vast majority of the geography contains residential
or mixed-use zoning. SB 212 would create the effect of
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blanketing most of the city in potential sentence increases.
When these zones cover such a large area, they undermine the
intended effect of encouraging individuals to move their
drug-related activity away from protected zones because it is
nearly impossible to detect when one is in a protected zone or
not."
4)Related Legislation: AB 849 (Bonilla) makes it a felony for
any person to extract tetrahydrocannabinol (THC) or any other
cannabinoids, by means of solvent extraction, from marijuana
and cause an explosion resulting in great bodily injury, or
damage to structures, property, or forest land. AB 849 is
pending hearing in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association (Sponsor)
Alameda County District Attorney's Office
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs
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California Narcotics Officers Association
California State Lodge, Fraternal Order of Police
California State Sheriffs' Association
California Peace Officers' Association
California Police Chiefs Association
City of Montebello
City of Norwalk
City if Whittier
Crime Victims Action Alliance
Long Beach Police Officers Association
Los Angeles County District Attorney's Office
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs' Association
Opposition
California Public Defenders Association
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Legal services for Prisoners with Children
Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744