BILL ANALYSIS Ó SB 212 Page 1 SENATE THIRD READING SB 212 (Mendoza) As Amended July 2, 2015 Majority vote SENATE VOTE: 40-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 consider that fact as a factor in aggravation. Specifically, this bill: SB 212 Page 2 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. 2)Any person convicted of the manufacture of methamphetamine or phencyclidine (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. 3)Provides 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, 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 SB 212 Page 3 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. 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. 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. 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. 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 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. SB 212 Page 4 FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: 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." Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001111