Amended in Senate June 1, 2016

Senate Bill No. 966

Introduced by Senator Mitchell

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(Coauthors: Senators Leno and Wieckowski)

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February 8, 2016

An act to begin delete repeal end delete begin insert amend end insert Section 11370.2 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 966, as amended, 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 begin delete of end delete begin insert of, or for each prior conviction of conspiracy to violate, end insert specified controlled substances crimes, including possession for sale and purchase for sale of opiates, opium derivatives, and hallucinogenic substances.

This bill would begin delete repeal those provisions. end delete begin insert instead limit the above sentence enhancement to only be based on each prior conviction of, or on each prior conviction of conspiracy to violate, the crime of manufacturing specified controlled substances through chemical extraction or synthesis or the crime of using a minor in the commission of offenses involving specified controlled substances. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 11370.2 of the Health and Safety Code
is repealed.

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begin insert SECTION 1. end insert   

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begin insert Section 11370.2 of the end insert begin insert Health and Safety Code end insert

begin insert is amended to read: end insert

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
begin delete 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, end delete begin insert 11379.6 or 11380, end insert 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, begin delete 11380.5, or end delete 11383 begin insert ,
or former Section 11380.5 end insert 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 begin delete 11351, 11351.5, 11352, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, end delete
begin insert 11379.6 or 11380, end insert 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 begin delete 11351, 11351.5, 11352,
11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or
11383, end delete begin insert 11379.6 or 11380, end insert 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.