BILL ANALYSIS Ó SB 333 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 333 (Galgiani) - As Amended May 6, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill makes the possession of specified controlled substances (gamma hydroxybutyric acid (GHB), ketamine or flunitrazepam, also known as Rohypnol), with the intent to SB 333 Page 2 commit sexual assault, as defined, a felony punishable in the state prison for 16 months or two or three years. FISCAL EFFECT: Potentially moderate ongoing out-year costs in excess of $150,000 (GF) for increased state prison commitments. According to the California Department of Corrections (CDCR), the contracted out-of-state annual bed rate is $29,000. In 2013-14, there were 22 state prison commitments for rape convictions where the victim was prevented from resisting by an intoxicating substance, and an unknown number were prevented. If intent to commit sexual assault, with any of the three substances listed were proven for three individuals per year, the cost to CDCR would be $87,000 (GF) the first year, $174,000 (GF) the second year, etc. for this new crime. COMMENTS: 1)Purpose. According to the author, "During my time in the State Legislature, this body has been dedicated to spreading awareness and preventing sexual assault. When a ballot measure such as Proposition 47 is placed in front of voters, the potential for unintended consequences arise. I firmly believe that voters in California did not intend to weaken sexual assault statutes by passing Prop 47. The malicious intent behind possessing and using 'date rape' drugs on another individual is a heinous act deserving of a serious consequence." 2)Background. On November 4, 2014, California voters approved Proposition 47, also known as the Safe Neighborhoods and Schools Act, which reduced penalties for certain offenders convicted of nonserious and nonviolent property and drug SB 333 Page 3 crimes. Proposition 47 also allows inmates serving sentences for crimes affected by the reduced penalties to apply to be resentenced. Current law provides that the possession of specified controlled substances including ketamine, flunitrazepam, 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 violent felony or has been convicted of a prior offense requiring the person to register as a sex offender, then the penalty is a felony. Also under current law, every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. Current law also states that rape is an act of sexual intercourse accomplished where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused. 3)"Club Drugs." Ketamine, GHB, and flunitrazepam are commonly designated as "club drugs" due to their association with raves, nightclubs, concerts, and parties. Other drugs included in this designation are MDMA (ecstasy), methamphetamine, and cocaine. Club drugs became popular in the 1990s and tend to be used by youth and young adults to heighten mood, increase extraversion and physical energy, and intensify the senses. Although a person may be surreptitiously drugged with Rohypnol, GHB, or ketamine in order to incapacitate that person, it is much more common for a person to consume these SB 333 Page 4 drugs voluntarily for their intoxicating effects. This bill targets persons who possess these drugs for predatory purposes, rather than those who merely possess these drugs for personal use. This will ensure that victims of these crimes who may have consumed these drugs voluntarily prior to being assaulted will not have to fear prosecution of a felony when deciding whether to report the incident. 4)Related Legislation. AB 46 (Lackey), held on this committee's Suspense file, is nearly identical to this bill. 5)Prior Legislation: a) SB 649 (Leno), of the 2013-2014 Legislative Session, would have made the simple possession for personal use of cocaine, cocaine base, heroin, opium, and other specified narcotics, opiates and hallucinogens listed in the controlled substance schedule an alternate felony/misdemeanor, rather than a straight felony. SB 649 was vetoed. In his message, the Governor cited the realignment legislation as the proper vehicle to examine the current sentencing structure. b) SB 1506 (Leno), of the 2011-2012 Legislative Session, would have made the unlawful possession of specified controlled substances a misdemeanor. SB 1506 failed passage on the Senate floor. c) SB 1067 (Horton), of the 2003-2004 Legislative session, would have excluded the drugs GHB, rohypnol, and ketamine from coverage by the term "nonviolent drug possession offense" thereby making possession of these drugs ineligible for probation and drug treatment under Proposition 36, approved by the voters on November 7, 2000. SB 1067 failed passage in Assembly Public Safety. SB 333 Page 5 Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081