BILL NUMBER: SB 966	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2016

INTRODUCED BY   Senator Mitchell
    (   Coauthors:   Senators   Leno
  and Wieckowski   ) 

                        FEBRUARY 8, 2016

   An act to  repeal   amend  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  of   of, or for each prior
conviction of conspiracy to violate,  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.  
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. 
   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Safety Code is repealed. 
   SECTION 1.    Section 11370.2 of the  
Health and Safety Code   is amended to read: 
   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,   11379.6 or 11380,
 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  , or former Section 11380.5  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,   11379.6 or 11380, 
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,
  11379.6 or 11380,  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.