SB 1182, as amended, Galgiani. Controlled substances.
(1) Existing law generally provides that the possession ofbegin delete Ketamine,end deletebegin insert ketamine,end insert gamma hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment inbegin delete theend deletebegin insert aend insert county jail for not more than one year.
This bill would make it a felony, punishable by imprisonment inbegin delete theend deletebegin insert
aend insert county jail for 16 months, or 2 or 3 years, to possessbegin delete Ketamine,end deletebegin insert ketamine,end insert 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:
The Legislature finds and declares all of the
2following:
3(a) Ketamine, gamma hydroxybutyric acid (GHB), and
4Rohypnol are drugs often characterized as “date rape” drugs.
5(b) GHB is a central nervous system depressant that was
6approved for the treatment of narcolepsy. GHB has no color or
7taste, and is frequently combined with alcohol to commit sexual
8assault.
9(c) Ketamine causes unconsciousness, hallucinations, loss of
10body control, and numbing.begin delete Ketamineend deletebegin insert
ketamineend insert works very
11quickly, so victims drugged withbegin delete Ketamineend deletebegin insert ketamineend insert only have a
12few seconds to react before losing consciousness.
13(d) Rohypnol, commonly known as flunitrazepam, and
14sometimes referred to as “roofies,” impairs judgment and leaves
15victims drugged with Rohypnol physically incapacitated. Memory
16loss and confusion under the influence of this drug makes victims
17more vulnerable to rape.
18(e) In order to deter the possession ofbegin delete Ketamine,end deletebegin insert
ketamine,end insert GHB,
19and Rohypnol by sexual predators and to take steps to prevent the
20use of these drugs to incapacitate victims for purposes of sexual
21exploitation, it is necessary and appropriate that an individual who
22possesses one of these substances for predatory purposes be subject
23to felony penalties.
Section 11350.5 is added to the Health and Safety
25Code, to read:
(a) Except as otherwise provided in this division,
27every person who possesses a controlled substance specified in
28paragraph (3) of subdivision (e) of Section 11054begin insert of this codeend insert with
29the intent to commit sexual assault shall be punished by
30imprisonment pursuant to subdivision (h) of Section 1170 of the
31Penal Code.
32(b) For purposes of this section, “sexual assault” means conduct
33in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
34Penal Code.
Section 11377.5 is added to the Health and Safety
36Code, to read:
(a) Except as otherwise provided in this division,
38every person who possesses any controlled substance specified in
P3 1paragraph (11) of subdivision (c) of, or subdivision (g) of, Section
2begin delete11056,end deletebegin insert 11056 of this code,end insert or paragraph (13) of subdivision (d) of
3Sectionbegin delete 11057,end deletebegin insert 11057 of this code,end insert with the intent to commit sexual
4assault, shall be punished by imprisonment
pursuant to subdivision
5(h) of Section 1170 of the Penal Code.
6(b) For purposes of this section, “sexual assault” means conduct
7in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
8Penal Code.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.
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