BILL ANALYSIS Ó SB 1323 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1323 (Bates) - As Introduced February 19, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill includes the synthetic opioid fentanyl in an enhancement statute under which a defendant convicted of any of a list of specified drug commerce crimes involving heroin, SB 1323 Page 2 cocaine or cocaine base receives an additional prison term of three to 25 years based on the weight of the substance containing the drug involved in the case. FISCAL EFFECT: Potentially significant costs (GF) for increased state prison commitments for longer terms in state prison than otherwise would have been imposed in the absence of the proposed sentence enhancement. According to the California Department of Corrections (CDCR), the contracted out-of-state annual bed rate is $29,000. However, given the range of sentence enhancements from three to 25 years, the cumulative impact would be difficult to estimate. COMMENTS: 1)Background. Under current law, the sale of fentanyl (a synthetic and short-acting opioid analgesic that is 50-100 times more potent than morphine and approved for managing acute or chronic pain associated with advanced cancer) is punishable by three, four, or five years. If transportation over county lines is involved, the offense is punishable by 3, 6, or 9 years. Also, current law provides penalties for commerce in cocaine, cocaine base, heroin and specified opiates, including fentanyl, and provides the following additional sentence weight-based enhancements of the illegal substance: a) 1 kilogram = 3 years b) 4 kilograms = 5 years c) 10 kilograms = 10 years d) 20 kilograms = 15 years e) 40 kilograms = 20 years f) 80 kilograms = 25 years SB 1323 Page 3 1)Purpose. According to the author, "SB 1323 includes fentanyl with heroin and cocaine in the category of drugs that are subject to enhancements by weight. By doing so, this bill targets those distributing, trafficking, and selling mass quantities of fentanyl. The bill does not affect those who use fentanyl - whether legally or illegally. It only targets the high-level, illegal traffickers who are causing the proliferation of fentanyl, leading to hundreds of deaths throughout the state." It should be noted that the existing enhancement based on the weight of the drug involved in specified drug commerce crimes includes any substance containing cocaine, cocaine base or heroin. Illicit drug manufacturers, distributors and sellers often mix fentanyl or an analog with heroin, because it is much more potent than heroin and relatively easy and cheap to manufacture. A defendant convicted of commerce involving a mixture of heroin and fentanyl would be subject to the weight enhancement under current law. This bill would only be necessary where the sole drug manufactured, distributed or sold in the underlying crime was fentanyl. 2)Support: According to the California Police Chiefs Association, "SB 1323 provides an appropriate public policy solution to addressing the danger posed by this illicit drug [(fentanyl0]. By focusing on those who seek to illegally sell the substance, law enforcement can reduce the drug's prevalence in our communities... this bill targets those distributing and selling mass quantities of fentanyl." 3)Opposition: The American Civil Liberties Union, states that, "a bill that would create sentence enhancements ranging from 3 to 25 years for, among other things, possessing for sale a SB 1323 Page 4 substance containing fentanyl is not necessary and may be counterproductive. Under current law, a person who possesses fentanyl for sale or purchases it for sale can be punished by up to four years in jail and a person can be punished by up to five years in jail for transporting, selling, or giving away fentanyl." Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081