BILL NUMBER: SB 305 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Bates
FEBRUARY 23, 2015
An act to amend Sections 11379.6 and 11379.7 of the Health and
Safety Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 11379.6 of the Health and Safety Code is
amended to read:
11379.6. (a) Except as otherwise provided by law, every person
who manufactures, compounds, converts, produces, derives, processes,
or prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, five, or seven years and by
a fine not exceeding fifty thousand dollars ($50,000).
(b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine or concentrated cannabis occurred shall be
considered a factor in aggravation by the sentencing court.
(c) Except as otherwise provided by law, every person who offers
to perform an act which that is
punishable under subdivision (a) shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, four, or five years.
(d) All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987. The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.
SEC. 2. Section 11379.7 of the Health and Safety Code is amended
to read:
11379.7. (a) Except as provided in subdivision (b), any
a person convicted of a violation of subdivision
(a) of Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or
methamphetamine, phencyclidine, or concentrated cannabis,
when the commission or attempted commission of the crime occurs
in a structure where any 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.
(b) Any A person convicted of a
violation of subdivision (a) of Section 11379.6 or Section 11383, or
of an attempt to violate subdivision (a) of Section 11379.6 or
Section 11383, as those sections relate to methamphetamine
or methamphetamine, phencyclidine, or
concentrated cannabis, where the commission of the crime causes
any a 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.
(c) As used in this section, "structure" means any
a house, apartment building, shop, warehouse,
barn, building, vessel, railroad car, cargo container, motor vehicle,
housecar, trailer, trailer coach, camper, mine, floating home, or
other enclosed structure capable of holding a child and manufacturing
equipment.
(d) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.