BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 333 (Galgiani) - Controlled substances
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: April 20, 2015 |Policy Vote: PUB. S. 7 - 0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: May 18, 2015 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 333 would make it a felony, punishable by a state
prison term of 16 months, two years or three years, to possess
ketamine, flunitrazepam (Rohypnol), or gamma hydroxybutyric acid
(GHB), with the intent to commit sexual assault, as specified.
Fiscal
Impact:
Potential increase in state costs (General Fund) to the extent
creating the new felony offense leads to additional
commitments to state prison. In the absence of comparable
data, it is unknown how many cases may be impacted on an
annual basis. For every five new commitments to state prison,
costs would exceed $150,000 per year assuming the in-state
contract bed cost of $34,000. To the extent the actual number
of felony convictions is greater or fewer would commensurately
impact annual state costs.
SB 333 (Galgiani) Page 1 of
?
Potential reduction in future local incarceration costs
(Local) to the extent violations would have otherwise led to
misdemeanor convictions subject to a term in county jail.
Background: Existing law provides that the possession of specified
controlled substances including ketamine, Rohypnol, and GHB,
unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state,
is a misdemeanor punishable by up to one year in a county jail,
except for a person who has one or more prior convictions for a
specified serious or violent felony or has been convicted of a
registerable sex offense. (Health & Safety Code (HSC) §§
11350(a) and 11377(a).)
Prior to the passage of Proposition 47, the Safe Neighborhoods
and Schools Act, which was approved by the voters in November
2014, the offense of simple possession of specified controlled
substances, including Rohypnol and GHB, was an alternate felony
misdemeanor (wobbler).
The provisions of this measure go beyond the act of simple
possession of a specified controlled substance to require
specific intent to commit a sexual assault in order to charge a
defendant with the prison-eligible felony.
Proposed Law:
This bill would provide that possession of ketamine, Rohypnol,
or GHB with the intent to commit a sex crime, as defined, is a
felony, punishable by a state prison term of 16 months, two
years, or three years. This bill:
Provides that for purposes of this measure, "sexual assault"
means conduct in violation of specified provisions related to
sexual assault committed against a victim who is prevented
from resisting by an intoxicating or anesthetic substance, or
any controlled substance.
Includes Legislative findings and declarations which, among
other things, state that 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
SB 333 (Galgiani) Page 2 of
?
penalties.
Related
Legislation: None applicable.
Staff
Comments: The CDCR indicates that while the actual impact this
bill will have on the state prison population is unknown, and
comparable data is not available to help inform the potential
actual impact of this measure, this bill could potentially
result in an impact on the number of commitments to state prison
as it creates a new prison-eligible felony.
The costs of this bill are unclear as the potential impact will
be determined by numerous factors including but not limited to
the behavior and charging decisions of prosecutors, and the
prior criminal history of defendants charged with the new
felony.
The Three-Judge Court has ordered the State to reduce its prison
population to 137.5 percent of the prison system's design
capacity by February 28, 2016. Pursuant to its February 10, 2014
order, the Court has ordered the CDCR to implement several
population reduction measures, prohibited an increase in the
population of inmates housed in out-of-state facilities, and
indicated the Court will maintain jurisdiction over the State
for as long as necessary to ensure that the State's compliance
with the 137.5 percent final benchmark is durable, and that such
durability is firmly established. Any future increases to the
State's prison population could challenge the ability of the
State to reach and maintain such a "durable solution," and could
require the State to pursue one of several options, including
contracting-out for additional bed space or releasing current
inmates early onto parole.
-- END --