BILL ANALYSIS Ó
SB 1182
Page 1
SENATE THIRD READING
SB
1182 (Galgiani)
As Introduced August 15, 2016
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood, | |
| | |McCarty | |
| | | | |
SB 1182
Page 2
| | | | |
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SUMMARY: Makes possession of gamma hydroxybutyric acid (GHB),
ketamine, or flunitrazepam, also known as Rohypnol, with the
intent to commit sexual assault, as defined, a felony.
Specifically, this bill:
1)Defines "sexual assault" for the purposes of this bill to
include, but not be limited to, violations 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.
2)Specifies that this crime is a county jail-eligible felony,
punishable by imprisonment for 16 months, or two or three
years.
3)States the finding of the Legislature that in order to deter
the possession of ketamine, GHB, and Rohypnol 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.
EXISTING LAW:
1)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,
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except for a person who has one or more prior convictions for
a specified violent felony or has been convicted of a prior
offense requiring the person to register as a sex offender,
then the penalty shall be a felony.
2)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
3)States, except as provided, that every person who possesses
for sale or purchases for purposes of sale any of the
specified controlled substances, including cocaine and heroin,
shall be punished by imprisonment in a county jail for two,
three, or four years.
4)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
cocaine, cocaine base, or heroin, or other specified
controlled substances listed in the controlled substance
schedule, without a written prescription from a licensed
physician, dentist, podiatrist, or veterinarian shall be
punished by imprisonment for three, four, or five years.
5)States that the possession for sale of methamphetamine, and
other specified controlled substances is punishable by
imprisonment in a county jail for 16 months, or two or three
years.
6)Provides that every person that transports, imports into the
state, sells, furnishes, administers, or gives away, or offers
to transport, import into the state, sell, furnish, or give
away, or attempts to import into this state or transport
SB 1182
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methamphetamine, or other specified controlled substances
listed in the controlled substance schedule, without a written
prescription from a licensed physician, dentist, podiatrist,
or veterinarian shall be punished by imprisonment for two,
three, or four years.
7)States that every person guilty of administering to another
any chloroform, ether, laudanum, or any controlled substance,
anesthetic, or intoxicating agent, with intent thereby to
enable or assist himself or herself or any other person to
commit a felony, is guilty of a felony punishable by
imprisonment in the state prison for 16 months, or two or
three years.
8)States that rape is an act of sexual intercourse accomplished
where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known, by
the accused. Rape is generally punishable by imprisonment in
state prison for three, six, or eight years.
9)Specifies felony penalties for any person who commits an act
of sodomy, oral copulation or sexual penetration where the
victim is prevented from resisting by any intoxicating or
anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known, by
the accused.
FISCAL EFFECT: According to the Assembly Committee on
Appropriations, potentially moderate ongoing out-year costs in
excess of $150,000 (General Fund (GF)) for increased state
prison commitments. According to the California Department of
Corrections (CDCR), the contracted out-of-state annual bed rate
is $29,000. In 2013-14, there were 22 state prison commitments
for rape convictions where the victim was prevented from
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resisting by an intoxicating substance, and an unknown number
were prevented. If intent to commit sexual assault, with any of
the three substances listed were proven for three individuals
per year, the cost to CDCR would be $87,000 (GF) the first year,
$174,000 (GF) the second year, etc. for this new crime.
COMMENTS: According to the author, "In November 2014,
California voters approved Proposition 47 which reclassified
many crimes from felonies to misdemeanors. One of these
reclassifications involved the possession of the drugs Rohypnol,
GHB and ketamine-commonly known as 'date rape' drugs.
"Prior to Prop. 47, possession of a date rape drug was
punishable as a 'wobbler' in which the prosecutor or judge can
determine whether a felony or misdemeanor is appropriate based
on the facts of the case. Prop. 47 removed the ability to
charge an individual with a felony for possession. Possession
of a date rape drug is now a mandatory misdemeanor.
"A fundamental difference exists between the possession of
recreational drugs meant to be consumed by that individual and
the possession of 'date rape' drugs when intended to be used on
another individual. These drugs will render a sexual assault
victim completely incapacitated. They also result in a victim
having little to no memory of the assault which took place.
This allows a rapist to escape prosecution because a victim
can't remember the details of the crime when questioned in
court.
"Concerns have been expressed in the law enforcement community
that the new law relating to the possession of date rape drugs
can potentially weaken sexual assault statutes and harm public
safety.
SB 1182
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"Senate Bill 1182 would give prosecutors the ability to bring
felony charges against individuals caught in possession of date
rape drugs with the intent to commit a sexual assault.
"This will allow prosecutors to bring felony charges against a
perpetrator who has been found in possession of these drugs and
has taken steps to use them to facilitate a sexual assault.
"Given the difficult nature of prosecuting sexual assault
crimes, the Legislature should embrace this opportunity to
provide serious consequences for criminals looking to use date
rape drugs to facilitate a heinous crime."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN: 0004012