BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1182 (Galgiani) - Controlled substances
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: February 18, 2016 |Policy Vote: PUB. S. 7-0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: April 11, 2016 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1182 would make it a felony, punishable pursuant to
Penal Code section 1170, subdivision (h), for a term of 16
months, two years or three years, to possess ketamine,
flunitrazepam, or gamma hydroxybutyric acid (GHB), with the
intent to commit sexual assault, as specified.
Fiscal Impact:
State prison commitments : Likely minor, if any, impact on the
number of commitments to state prison, as defendants with one
or more prior convictions for a serious/violent felony or an
offense requiring sex offender registration can already be
sentenced to state prison under existing law for simple
possession of the controlled substances specified in this
measure.
State prison sentences : Potential future increase in state
incarceration costs (General Fund) to the extent the new
felony offense of possession with intent to commit sexual
assault leads to longer state prison terms than otherwise
SB 1182 (Galgiani) Page 1 of
?
would have been imposed under existing law for simple
possession of these controlled substances for defendants with
qualifying prison-eligible prior convictions. To the extent
even two defendants are impacted in any one year could
increase state incarceration costs by $58,000 based on the
estimated contract bed rate of $29,000 per inmate.
County jail sentences : Potential future increase in local
incarceration costs (Local Funds) to the extent convictions
for the new felony offense result in longer county jail terms
than otherwise would have been imposed under the existing
misdemeanor offense of unlawful possession of a specified
controlled substance, which carries a maximum term of one year
in county jail.
Background: Existing law provides that the possession of specified
controlled substances including ketamine, flunitrazepam and GHB,
unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state,
is a misdemeanor punishable by up to one year in a county jail,
except for a person who has one or more prior convictions for a
specified serious or violent felony or has been convicted of a
registerable sex offense, in which case the offense is
punishable as a felony subject to imprisonment for 16 months,
two years or three years in state prison. (Health & Safety Code
(HSC) §§ 11350(a), 11377(a).)
Prior to the passage of Proposition 47, the Safe Neighborhoods
and Schools Act, which was approved by the voters in November
2014, the unlawful possession of specified controlled
substances, including flunitrazepam and GHB, was an alternate
felony-misdemeanor, and the unlawful possession of ketamine was
punishable as a misdemeanor.
This bill does not affect Proposition 47 to the extent it is
determined that the provisions of this measure go beyond the act
of simple possession of the specified controlled substances to
require specific intent to commit a sexual assault in order to
charge a defendant with the felony offense.
Proposed Law:
This bill would provide that possession of ketamine,
flunitrazepam, or GHB with the intent to commit sexual assault,
as defined, is a felony, punishable by a county jail term (or a
SB 1182 (Galgiani) Page 2 of
?
state prison term if the defendant has a current or prior
serious or violent felony conviction, is required to register as
a sex offender, or meets other qualifying factors) of 16 months,
two years, or three years. This bill:
Provides that for purposes of this measure, "sexual assault"
means conduct in violation of specified provisions related to
sexual assault committed against a victim who is prevented
from resisting by an intoxicating or anesthetic substance, or
any controlled substance (PC §§ 243.4, 261, 262, 286, 288a, or
289).
Includes Legislative findings and declarations which, among
other things, state that in order to deter the possession of
ketamine, GHB, and flunitrazepam by sexual predators and to
take steps to prevent the use of these drugs to incapacitate
victims for purposes of sexual exploitation, it is necessary
and appropriate that an individual who possesses one of these
substances for predatory purposes be subject to felony
penalties.
Related
Legislation: SB 333 (Galgiani) 2015 as enrolled and presented
to the Governor was identical to this bill. This bill, along
with eight other bills creating new crimes, was vetoed by the
Governor with the following message:
Each of these bills creates a new crime - usually by finding a
novel way to characterize and criminalize conduct that is
already proscribed. This multiplication and particularization of
criminal behavior creates increasing complexity without
commensurate benefit.
Over the last several decades, California's criminal code has
grown to more than 5,000 separate provisions, covering almost
every conceivable form of human misbehavior. During the same
period, our jail and prison populations have exploded.
Before we keep going down this road, I think we should pause and
reflect on how our system of criminal justice could be made more
human, more just and more cost-effective.
Staff
SB 1182 (Galgiani) Page 3 of
?
Comments: This bill provides that the possession of GHB,
ketamine, or flunitrazepam with the intent to commit sexual
assault is a felony offense, punishable by a term of 16 months,
two years or three years in county jail, unless a defendant has
a current or prior serious or violent felony conviction, must
register as a sex offender, or meets other qualifying factors,
in which case the felony term must be served in state prison.
Under existing law, a defendant with one or more prior
convictions for a serious or violent felony or an offense
requiring sex offender registration can already be sentenced to
state prison for unlawful possession of GHB, ketamine, or
flunitrazepam. As a result, it is estimated there would likely
be a minor, if any, impact to the number of commitments to state
prison resulting from the new felony offense.
Although no significant impact to the number of state prison
commitments is anticipated, to the extent the new felony offense
of unlawful possession of GHB, ketamine, or flunitrazepam with
intent to commit sexual assault leads to longer state prison
terms than otherwise would have been imposed upon defendants
with qualifying prison-eligible prior convictions under existing
law for unlawful possession of these specified controlled
substances could result in a future increase in state
incarceration costs (General Fund).
Likewise, to the extent the new felony offense of possession
with intent to commit sexual assault leads to longer county jail
terms than otherwise would have been imposed under the existing
misdemeanor offense of unlawful possession of the specified
controlled substances, which has a maximum jail term of one
year, this bill could increase costs to local law enforcement
agencies for incarceration (Local Funds).
The costs of this bill are unclear, however, as the potential
impact will be determined by numerous factors including but not
limited to the behavior and charging decisions of prosecutors,
judicial discretion, and the prior criminal history of each
defendant charged with the new felony offense.
-- END --
SB 1182 (Galgiani) Page 4 of
?