SB 966, as introduced, Mitchell. Controlled substances: sentence enhancements: prior convictions.
Existing law imposes on a person convicted of a violation of, or of conspiracy to violate, specified crimes relating to controlled substances a full, separate, and consecutive 3-year term for each prior conviction of specified controlled substances crimes, including possession for sale and purchase for sale of opiates, opium derivatives, and hallucinogenic substances.
This bill would repeal those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11370.2 of the Health and Safety Code
2 is repealed.
(a)
Any person convicted of a violation of, or of a
4conspiracy to violate, Section 11351, 11351.5, or 11352 shall
5receive, in addition to any other punishment authorized by law,
6including Section 667.5 of the Penal Code, a full, separate, and
7consecutive three-year term for each prior felony conviction of,
8or for each prior felony conviction of conspiracy to violate, Section
911351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
P2 111380, 11380.5, or 11383, whether or not the prior conviction
2resulted in a term of imprisonment.
3(b)
Any person convicted of a violation of, or of a conspiracy
4to violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383
5shall receive, in addition to any other punishment authorized by
6law, including Section 667.5 of the Penal Code, a full, separate,
7and consecutive three-year term for each prior felony conviction
8of, or for each prior felony conviction of conspiracy to violate,
9Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5,
1011379.6, 11380, 11380.5, or 11383, whether or not the prior
11conviction resulted in a term of imprisonment.
12(c)
Any person convicted of a violation of, or of a conspiracy
13to violate, Section 11378 or 11379 with respect to any substance
14containing a controlled substance specified in paragraph (1) or (2)
15of subdivision (d) of Section 11055 shall receive, in addition to
16any other punishment authorized by law, including Section 667.5
17of the Penal Code, a full, separate, and consecutive three-year term
18for each prior felony conviction of, or for each prior felony
19conviction of conspiracy to violate, Section 11351, 11351.5, 11352,
2011378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or
2111383, whether or not the prior conviction resulted in a term of
22imprisonment.
23(d)
The enhancements provided for in this section shall be
24pleaded and proven as provided by law.
25(e)
The conspiracy enhancements provided for in this section
26shall not be imposed unless the trier of fact finds that the defendant
27conspirator was substantially involved in the planning, direction,
28execution, or financing of the underlying offense.
29(f)
Prior convictions from another jurisdiction qualify for use
30under this section pursuant to Section 668.
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