BILL ANALYSIS Ó
SB 333
Page 1
SENATE THIRD READING
SB
333 (Galgiani)
As Amended August 31, 2015
Majority vote
SENATE VOTE: 40-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | |Lackey, Lopez, Low, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |11-0 |Gomez, Bloom, Bonta, | |
| | |Calderon, Nazarian, | |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Wood | |
| | | | |
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SUMMARY: Specifies that any person who possesses Ketamine,
gamma hydroxybutyric acid (GHB) or Rohypnol with the intent to
commit sexual assault, as defined, is guilty of a felony
SB 333
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punishable by imprisonment in the county jail for 16 months, or
two or three years. Specifically, this bill:
1)Defines "sexual assault" for the purposes of this bill to mean
conduct in violation of specified provisions of law penalizing
sexual battery, rape, spousal rape, sodomy, or oral
copulation.
2)States the finding of the Legislature that in order to deter
the possession of Ketamine, GHB, and Rohypnol (flunitrazepam)
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.
EXISTING LAW:
1)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 shall be a felony.
2)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
3)States, except as provided, that every person who possesses
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for sale or purchases for purposes of sale any of the
specified controlled substances, including cocaine and heroin,
shall be punished by imprisonment in a county jail for two,
three, or four years.
4)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
cocaine, cocaine base, or heroin, or other specified
controlled substances listed in the controlled substance
schedule, without a written prescription from a licensed
physician, dentist, podiatrist, or veterinarian shall be
punished by imprisonment for three, four, or five years.
5)States that the possession for sale of methamphetamine, and
other specified controlled substances is punishable by
imprisonment in a county jail for 16 months, two or three
years.
6)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
methamphetamine, or other specified controlled substances
listed in the controlled substance schedule, without a written
prescription from a licensed physician, dentist, podiatrist,
or veterinarian shall be punished by imprisonment for two,
three, or four years.
7)States that 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
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imprisonment in the state prison for 16 months, or two or
three years.
8)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.
9)Specifies felony penalties for any person who commits an act
of sodomy, oral copulation or sexual penetration where the
victim 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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, potentially moderate ongoing out-year costs in excess
of $150,000 (General Fund (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: 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 [2014] 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
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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."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001685