BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 212| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 212 Author: Mendoza (D) Amended: 7/2/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 40-0, 6/3/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 78-0, 7/9/15 - See last page for vote SUBJECT: Controlled substances: factors in aggravation SOURCE: California District Attorneys Association DIGEST: This bill authorizes the court to apply a specified factor in aggravation in cases when sentencing a defendant for manufacturing methamphetamine or concentrated cannabis based on the distance from the scene of the offense to an occupied residence or any structure in which persons are present at the time of the offense. The applicable distance is 200 feet in methamphetamine cases and 300 feet in concentrated cannabis cases. SB 212 Page 2 Assembly Amendments are essentially technical and specify, consistent with general sentencing rules, that the aggravating factor defined in this bill does not apply if the court imposes an enhancement based on the fact that a person in a residence where the crime occurred was a minor under the age of 16 years. ANALYSIS : 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 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 SB 212 Page 3 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).) This bill: 1)Provides, except where a specified enhancement applies, that where a defendant is convicted of manufacturing methamphetamine by chemical extraction or synthesis, the court may consider as a factor in aggravation that the crime was committed within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed; 2)Provides, except where a specified enhancement applies. that where the defendant manufactured concentrated cannabis by such a method, the court may consider as a factor in aggravation that the crime was committed within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed. Background The dangers of manufacturing methamphetamine - explosions, fires and toxic waste - are relatively well known. Persons near the site of methamphetamine manufacturing are placed in danger of injury or illness from the manufacturing itself and the toxic waste that is often dumped at the place of manufacturing. This bill authorizes the court to consider that manufacturing occurred within 200 feet of any place where a person resided or was present at the time of the crime as a factor in aggravation justifying the upper term. A factor in aggravation is a fact that demonstrates that the offense committed by the defendant was more egregious than the average crime involving a violation of the same law. SB 212 Page 4 Concentrated cannabis comes in many forms. Hash oil is generally made by using a solvent to strip the essential oils from marijuana plant matter. The resulting material is often described as "honey oil" or "wax," reflecting the appearance of the product. A relatively new and popular form of concentrated cannabis is "butane honey oil" or "BHO." BHO is commonly made by packing marijuana in a steel or glass tube, introducing or injecting butane in one end of the tube and straining the liquid material that emerges from the other end of the tube. The liquid may be heated - in warm water - to purge the butane. The resulting product is a resin or oil. Butane is volatile and highly flammable. Using too much heat or exposing the butane to a spark can cause an explosion, especially inside a structure, as evaporated butane gas can fill a room. Extracting BHO outside allows the butane vapors to dissipate into the air. Other solvents - including alcohol - can be used to produce hash oil. This bill authorizes the court to consider that the defendant manufactured concentrated cannabis through the use of a chemical solvent within 300 feet of an occupied residence or place where others were present at the time of manufacturing as a factor in aggravation. The 300 feet proximity standard applies to concentrated cannabis manufacturing by chemical extraction because explosions from that process can be quite powerful. BHO manufacturing explosion can severely damage or destroy the place of manufacturing, severely damage nearby structures and injure or kill nearby persons. Where property is damaged or persons are injured or killed, additional charges and penalties would apply. This bill addresses the dangers presented by manufacturing concentrated cannabis through use of a chemical solvent, not actual damage caused by the process. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified 7/9/15) California District Attorneys Association (source) Alameda County District Attorney's Office SB 212 Page 5 Association for Los Angeles Deputy Sheriffs California Association of Code Enforcement Officers California College and University Police Chiefs 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: (Verified 7/9/15) California Public Defenders Association Legal services for Prisoners with Children ASSEMBLY FLOOR: 78-0, 7/9/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Grove, Harper SB 212 Page 6 Prepared by:Jerome McGuire / PUB. S. / 7/13/15 9:52:19 **** END ****