SB 305, as amended, 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 ofbegin delete twoend deletebegin insert 2end insert 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 ofbegin delete fiveend deletebegin insert 5end insert 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.begin insert The bill would define concentrated cannabis for its purposes.end insert 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
15methamphetamine or concentrated cannabis 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 act that is punishable under subdivision (a)
P3 1shall be punished by imprisonment pursuant to subdivision (h) of
2Section 1170 of the Penal Code for three, four, or five years.
3(d) All fines collected pursuant to subdivision (a) shall be
4transferred to the State Treasury for deposit in the Clandestine
5Drug Lab Clean-up Account, as established by Section 5 of Chapter
61295 of the Statutes of 1987. The transmission to the State Treasury
7shall be carried out in the same manner as fines collected for the
8state by the county.
Section 11379.7 of the Health and Safety Code is
10amended to read:
(a) Except as provided in subdivision (b), a person
12convicted of a violation of subdivision (a) of Section 11379.6 or
13Section 11383, or of an attempt to violate subdivision (a) of Section
1411379.6 or Section 11383, as those sections relate to
15methamphetamine, phencyclidine, or concentrated cannabis, when
16the commission or attempted commission of the crime occurs in
17a structure where a child under 16 years of age is present, shall,
18in addition and consecutive to the punishment prescribed for the
19felony of which he or she has been convicted, be punished by an
20additional term of two years in the state prison.
21(b) A person convicted of a violation
of subdivision (a) of
22Section 11379.6 or Section 11383, or of an attempt to violate
23subdivision (a) of Section 11379.6 or Section 11383, as those
24sections relate to methamphetamine,
phencyclidine, or concentrated
25cannabis, where the commission of the crime causes a child under
2616 years of age to suffer great bodily injury, shall, in addition and
27consecutive to the punishment prescribed for the felony of which
28he or she has been convicted, be punished by an additional term
29of five years in the state prison.
30(c) As used in this section, “structure” means a house, apartment
31building, shop, warehouse, barn, building, vessel, railroad car,
32cargo container, motor vehicle, housecar, trailer, trailer coach,
33camper, mine, floating home, or other enclosed structure capable
34of holding a child and manufacturing equipment.
35(d) As used in this section, “concentrated cannabis” means
36concentrated
cannabis that is chemically extracted through use of
37a volatile solvent.
32 38(d)
end delete
39begin insert(e)end insert As used in this section, “great bodily injury” has the same
40meaning as defined in Section 12022.7 of the Penal Code.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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