BILL NUMBER: SB 333 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senator Galgiani
(Principal coauthors: Senators Anderson and Vidak)
(Principal coauthors: Assembly Members Cooper and Lackey)
(Coauthors: Senators Bates, Nguyen, and Stone)
(Coauthors: Assembly Members Dodd, Gonzalez, and Maienschein)
FEBRUARY 23, 2015
An act to amend and repeal Sections 11350 and 11377 of
add Sections 11350.5 and 11377.5 to the Health
and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 333, as amended, Galgiani. Controlled substances.
(1) Existing law, as amended by the Safe Neighborhoods
and Schools Act, a measure approved by the voters at the November 4,
2014, statewide general election, law generally
provides that the possession of Ketamine, gamma hydroxybutyric acid
(GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment
in the county jail for not more than one year. Existing law
also provides that when a person has one or more prior convictions
for certain enumerated crimes, his or her possession of GHB is a
felony, punishable by imprisonment in a county jail for 16 months, or
2 or 3 years, and his or her possession of Ketamine and
flunitrazepam is either a misdemeanor, punishable by imprisonment in
the county jail for not more than one year, or a felony, punishable
by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would instead provide, without regard for a person's
prior convictions, that possession of Ketamine and flunitrazepam is
either a misdemeanor, punishable by imprisonment in a county jail for
not more than one year, or a felony, punishable by imprisonment in a
county jail for 16 months, or 2 or 3 years. The bill would also
provide that the possession of GHB by a person who does not have a
prior conviction for those certain enumerated crimes is either a
misdemeanor, punishable by imprisonment in a county jail for not more
than one year, or a felony, punishable in a county jail for 16
months, or 2 or 3 years. This bill would make other technical,
clarifying changes.
(2) Proposition 47 provides that its provisions may be amended by
a statute that is consistent with and furthers its intent and that is
passed by a 2/3 vote of each house of the Legislature and is signed
by the Governor. Proposition 47 also provides that the Legislature
may, by majority vote, amend, add, or repeal provisions to further
reduce the penalties for offenses it addresses.
The California Constitution authorizes the Legislature to amend or
repeal an initiative statute by another statute that becomes
effective when approved by the electors.
This bill would provide that its provisions become effective only
upon approval of the voters at the next statewide election, and would
provide for the submission of this measure to the voters for
approval at that election.
This bill would make it a felony, punishable by imprisonment in
the state prison for 16 months, or 2 or 3 years, to possess Ketamine,
flunitrazepam, or GHB, with the intent to commit sexual assault, as
defined for these purposes to include, among other acts, rape,
sodomy, and oral copulation. By creating a new crime, this bill would
impose a state-mandated local program.
(2) 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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Ketamine, gamma hydroxybutyric acid (GHB), and Rohypnol are
drugs often characterized as "date rape" drugs.
(b) GHB is a central nervous system depressant that was approved
for the treatment of narcolepsy. GHB has no color or taste, and is
frequently combined with alcohol to commit sexual assault.
(c) Ketamine causes unconsciousness, hallucinations, loss of body
control, and numbing. Ketamine works very quickly, so victims drugged
with Ketamine only have a few seconds to react before losing
consciousness.
(d) Rohypnol, commonly known as flunitrazepam, and sometimes
referred to as "roofies," impairs judgment and leaves victims drugged
with Rohypnol physically incapacitated. Memory loss and confusion
under the influence of this drug makes victims more vulnerable to
rape.
(e) In order to deter the possession of Ketamine, GHB, and
Rohypnol by sexual predators and to take steps to prevent the use of
these drugs to incapacitate victims for purposes of sexual
exploitation, it is necessary and appropriate that an individual who
possesses one of these substances for predatory purposes
be subject to felony penalties.
SEC. 2. Section 11350.5 is added to the
Health and Safety Code , to read:
11350.5. (a) Except as otherwise provided in this division, every
person who possesses a controlled substance specified in paragraph
(3) of subdivision (e) of Section 11054 with the intent to commit
sexual assault shall be punished by imprisonment in the state prison
for 16 months, or two or three years.
(b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.1, 261, 262, 286, 288a, or 289.
SEC. 3. Section 11377.5 is added to the
Health and Safety Code , to read:
11377.5. (a) Except as otherwise provided in this division, every
person who possesses any controlled substance specified in paragraph
(11) of subdivision (c) of, or subdivision (g) of, Section 11056, or
paragraph (13) of subdivision (d) of Section 11057, with the intent
to commit sexual assault, shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
(b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.1, 261, 262, 286, 288a, or 289.
SEC. 4. 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.
SEC. 2. Section 11350 of the Health and Safety
Code, as amended by November 4, 2014, by initiative Proposition 47,
Section 11, is amended to read:
11350. (a) (1) Except as otherwise provided in this division,
every person who possesses (1) a controlled substance specified in
subdivision (b) or (c) of, or paragraph (1) or (2) of subdivision (e)
of, or paragraph (1) of subdivision (f) of, Section 11054, specified
in paragraph (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b) or (c) of Section 11055, or
specified in subdivision (h) of Section 11056, or (2) a controlled
substance classified in Schedule III, IV, or V which is a narcotic
drug, unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state, shall
be punished by imprisonment in a county jail for not more than one
year, except that such person shall instead be punished pursuant to
subdivision (h) of Section 1170 of the Penal Code if that person has
one or more prior convictions for an offense specified in clause (iv)
of subparagraph (C) of paragraph (2) of subdivision (e) of Section
667 of the Penal Code or for an offense requiring registration
pursuant to subdivision (c) of Section 290 of the Penal Code.
(2) (A) Except as otherwise provided in subparagraph (B) and this
division, every person who possesses a controlled substance specified
in paragraph (3) of subdivision (e) of Section 11054 shall be
punished by imprisonment in a county jail for not more than one year
or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(B) Except as otherwise provided in this division, every person
who has one or more prior convictions for an offense specified in
clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e)
of Section 667 of the Penal Code or for an offense requiring
registration pursuant to subdivision (c) of Section 290 of the Penal
Code who possesses a controlled substance specified in paragraph (3)
of subdivision (e) of Section 11054 shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a), the judge may, in addition to any punishment
provided for pursuant to subdivision (a), assess against that person
a fine not to exceed seventy dollars ($70) with proceeds of this fine
to be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.
(c) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least
one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.
(d) It is not unlawful for a person other than the prescription
holder to possess a controlled substance described in subdivision (a)
if both of the following apply:
(1) The possession of the controlled substance is at the direction
or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the
prescription to the prescription holder for its prescribed use or to
discard the substance in a lawful manner.
(e) This section does not permit the use of a controlled substance
by a person other than the prescription holder or permit the
distribution or sale of a controlled substance that is otherwise
inconsistent with the prescription.
SEC. 3. Section 11350 of the Health and Safety
Code, as amended by Section 1 of Chapter 540 of the Statutes of 2014,
is repealed.
SEC. 4. Section 11377 of the Health and Safety
Code, as amended by November 4, 2014, by initiative Proposition 47,
Section 13, is amended to read:
11377. (a) Except as authorized by law and as otherwise provided
in subdivision (b) or Section 11375, or in Article 3 (commencing with
Section 4050) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses a controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not a
narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year, except that such person may instead be
punished pursuant to subdivision (h) of Section 1170 of the Penal
Code if that person has one or more prior convictions for an offense
specified in clause (iv) of subparagraph (C) of paragraph (2) of
subdivision (e) of Section 667 of the Penal Code or for an offense
requiring registration pursuant to subdivision (c) of Section 290 of
the Penal Code.
(b) Every person who possesses a controlled substance specified in
subdivision (g) of Section 11056 or specified in paragraph (13) of
subdivision (d) of Section 11057 shall be punished by imprisonment in
a county jail for not more than one year or pursuant to subdivision
(h) of Section 1170 of the Penal Code.
(c) The judge may assess a fine not to exceed seventy dollars
($70) against any person who violates subdivision (a), with the
proceeds of this fine to be used in accordance with Section 1463.23
of the Penal Code. The court shall, however, take into consideration
the defendant's ability to pay, and no defendant shall be denied
probation because of his or her inability to pay the fine permitted
under this subdivision.
(d) It is not unlawful for a person other than the prescription
holder to possess a controlled substance described in subdivision (a)
if both of the following apply:
(1) The possession of the controlled substance is at the direction
or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the
prescription to the prescription holder for its prescribed use or to
discard the substance in a lawful manner.
(e) This section does not permit the use of a controlled substance
by a person other than the prescription holder or permit the
distribution or sale of a controlled substance that is otherwise
inconsistent with the prescription.
SEC. 5. Section 11377 of the Health and Safety
Code, as amended by Section 2 of Chapter 540 of the Statutes of 2014,
is repealed.
SEC. 6. (a) Sections 2 and 4 of this act amend
the Safe Neighborhoods and Schools Act, Proposition 47, an initiative
statute that was approved by the voters at the November 4, 2014,
statewide general election, and shall become effective only when
submitted to and approved by the voters.
(b) The Secretary of State shall submit Sections 2 and 4 of this
act for approval by the voters at the next statewide election
pursuant to Section 9040 of the Election Code.