BILL NUMBER: SB 966	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Mitchell

                        FEBRUARY 8, 2016

   An act to repeal Section 11370.2 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 11370.2 of the Health and Safety Code is
repealed. 
   11370.2.  (a)  Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (b)  Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (c)  Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378 or 11379 with respect to any substance
containing a controlled substance specified in paragraph (1) or (2)
of subdivision (d) of Section 11055 shall receive, in addition to any
other punishment authorized by law, including Section 667.5 of the
Penal Code, a full, separate, and consecutive three-year term for
each prior felony conviction of, or for each prior felony conviction
of conspiracy to violate, Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether
or not the prior conviction resulted in a term of imprisonment.
   (d)  The enhancements provided for in this section shall be
pleaded and proven as provided by law.
   (e)  The conspiracy enhancements provided for in this section
shall not be imposed unless the trier of fact finds that the
defendant conspirator was substantially involved in the planning,
direction, execution, or financing of the underlying offense.
   (f)  Prior convictions from another jurisdiction qualify for use
under this section pursuant to Section 668.