BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 212


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          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