BILL ANALYSIS Ó
SB 212
Page 1
SENATE THIRD READING
SB
212 (Mendoza)
As Amended July 2, 2015
Majority vote
SENATE VOTE: 40-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
| | | | |
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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
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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
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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.
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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