BILL ANALYSIS Ó
SB 1323
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Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1323
(Bates) - As Introduced February 19, 2016
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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
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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
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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
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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