SB 305, as introduced, Bates. Enhancements: concentrated cannabis.
Existing law makes it a felony for a person to manufacture, compound, convert, produce, derive, process, or prepare a controlled substance, and to possess specified chemicals with the intent to manufacture a controlled substance. Under existing law, a person convicted of either of these crimes, or an attempt to commit either crime, relating to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where a 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. If the child under 16 years of age suffers great bodily injury, the person 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. If the enhancement is not pled and proved, the fact that a person under 16 years of age resided in a structure where a methamphetamine was manufactured, compounded, converted, produced, derived, processed, or prepared is considered a factor in aggravation at sentencing.
This bill would authorize the enhanced sentences for the commission or attempted commission of one of the above crimes, as those crimes relate to concentrated cannabis, in a structure where a child under 16 years of age is present or where a child under 16 years of age suffers great bodily harm. The bill would also require the use of the fact that a child under 16 years of age resided in a structure used for the manufacture, compounding, conversion, production, derivation, processing, or preparing of concentrated cannabis as a factor in aggravation at sentencing if the enhancement is not proved and pled. By increasing the penalty for an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11379.6 of the Health and Safety Code
2 is amended to read:
(a) Except as otherwise provided by law, every person
4who manufactures, compounds, converts, produces, derives,
5processes, or prepares, either directly or indirectly by chemical
6extraction or independently by means of chemical synthesis, any
7controlled substance specified in Section 11054, 11055, 11056,
811057, or 11058 shall be punished by imprisonment pursuant to
9subdivision (h) of Section 1170 of the Penal Code for three, five,
10or seven years and by a fine not exceeding fifty thousand dollars
11($50,000).
12(b) Except when an enhancement pursuant to Section 11379.7
13is pled and proved, the fact that a person under 16 years of age
14resided in a structure in which a violation of this section involving
15methamphetaminebegin insert
or concentrated cannabisend insert
occurred shall be
16considered a factor in aggravation by the sentencing court.
17(c) Except as otherwise provided by law, every person who
18offers to perform an actbegin delete whichend deletebegin insert thatend insert is punishable under subdivision
19(a) shall be punished by imprisonment pursuant to subdivision (h)
20of Section 1170 of the Penal Code for three, four, or five years.
21(d) All fines collected pursuant to subdivision (a) shall be
22transferred to the State Treasury for deposit in the Clandestine
23Drug Lab Clean-up Account, as established by Section 5 of Chapter
P3 11295 of the Statutes of 1987. The transmission to the State Treasury
2shall be carried out in the same manner as fines collected for the
3state by the
county.
Section 11379.7 of the Health and Safety Code is
5amended to read:
(a) Except as provided in subdivision (b),begin delete anyend deletebegin insert aend insert
7 person convicted of a violation of subdivision (a) of Section
811379.6 or Section 11383, or of an attempt to violate subdivision
9(a) of Section 11379.6 or Section 11383, as those sections relate
10tobegin delete methamphetamine orend deletebegin insert methamphetamine,end insert phencyclidine,begin insert or
11concentrated cannabis,end insert
when the commission or attempted
12commission of the crime occurs in a structure wherebegin delete anyend deletebegin insert aend insert child
13under 16 years of age is present, shall, in addition and consecutive
14to the punishment prescribed for the felony of which he or she has
15been convicted, be punished by an additional term of two years in
16the state prison.
17(b) begin deleteAny end deletebegin insertA end insertperson convicted of a violation of subdivision (a) of
18Section 11379.6 or Section 11383, or of an attempt to violate
19subdivision (a) of Section 11379.6 or Section 11383, as those
20sections relate tobegin delete methamphetamine orend deletebegin insert
methamphetamine,end insert
21
phencyclidine,begin insert or concentrated cannabis,end insert where the commission
22of the crime causesbegin delete anyend deletebegin insert aend insert child under 16 years of age to suffer
23great bodily injury, shall, in addition and consecutive to the
24punishment prescribed for the felony of which he or she has been
25convicted, be punished by an additional term of five years in the
26state prison.
27(c) As used in this section, “structure” meansbegin delete anyend deletebegin insert aend insert house,
28apartment building, shop, warehouse, barn, building,
vessel,
29railroad car, cargo container, motor vehicle, housecar, trailer, trailer
30coach, camper, mine, floating home, or other enclosed structure
31capable of holding a child and manufacturing equipment.
32(d) As used in this section, “great bodily injury” has the same
33meaning as defined in Section 12022.7 of the Penal Code.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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