BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                 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. 








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          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  








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            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.  









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          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 








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          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










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          Prepared by:Jerome McGuire / PUB. S. /
          7/13/15 9:52:19


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