Senate BillNo. 1182


Introduced by Senator Galgiani

February 18, 2016


An act to add Sections 11350.5 and 11377.5 to the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1182, as introduced, Galgiani. Controlled substances.

(1) Existing law generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year.

This bill would make it a felony, punishable by imprisonment in the county jail for 16 months, or 2 or 3 years, to possess Ketamine, flunitrazepam, or GHB, with the intent to commit sexual assault, as defined for these purposes to include, among other acts, rape, sodomy, and oral copulation. By creating a new crime, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P1    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P2    1(a) Ketamine, gamma hydroxybutyric acid (GHB), and
2Rohypnol are drugs often characterized as “date rape” drugs.

3(b) GHB is a central nervous system depressant that was
4approved for the treatment of narcolepsy. GHB has no color or
5taste, and is frequently combined with alcohol to commit sexual
6assault.

7(c) Ketamine causes unconsciousness, hallucinations, loss of
8body control, and numbing. Ketamine works very quickly, so
9victims drugged with Ketamine only have a few seconds to react
10before losing consciousness.

11(d) Rohypnol, commonly known as flunitrazepam, and
12sometimes referred to as “roofies,” impairs judgment and leaves
13victims drugged with Rohypnol physically incapacitated. Memory
14loss and confusion under the influence of this drug makes victims
15more vulnerable to rape.

16(e) In order to deter the possession of Ketamine, GHB, and
17Rohypnol by sexual predators and to take steps to prevent the use
18of these drugs to incapacitate victims for purposes of sexual
19exploitation, it is necessary and appropriate that an individual who
20possesses one of these substances for predatory purposes be subject
21to felony penalties.

22

SEC. 2.  

Section 11350.5 is added to the Health and Safety
23Code
, to read:

24

11350.5.  

(a) Except as otherwise provided in this division,
25every person who possesses a controlled substance specified in
26paragraph (3) of subdivision (e) of Section 11054 with the intent
27to commit sexual assault shall be punished by imprisonment
28pursuant to subdivision (h) of Section 1170 of the Penal Code.

29(b) For purposes of this section, “sexual assault” means conduct
30in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
31Penal Code.

32

SEC. 3.  

Section 11377.5 is added to the Health and Safety
33Code
, to read:

34

11377.5.  

(a) Except as otherwise provided in this division,
35every person who possesses any controlled substance specified in
36paragraph (11) of subdivision (c) of, or subdivision (g) of, Section
3711056, or paragraph (13) of subdivision (d) of Section 11057, with
38the intent to commit sexual assault, shall be punished by
39imprisonment pursuant to subdivision (h) of Section 1170 of the
40Penal Code.

P3    1(b) For purposes of this section, “sexual assault” means conduct
2in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
3Penal Code.

4

SEC. 4.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



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