SB 1368, as introduced, Runner. Penalty enhancements: alcohol and drugs.
Existing law provides sentence enhancements for specified conduct, including sex offenses involving minors, crimes against the blind, and impersonating an officer. Existing law enumerates certain crimes as serious felonies, including, among others, murder, mayhem, and lewd and lascivious acts on a child under 14 years of age.
This bill would require that any person convicted of any serious felony, as specified, receive a one-year sentence enhancement if at the time of the offense that person was under the influence of alcohol or a controlled substance, as specified. The bill would require that the enhancement imposed be served consecutive to the punishment imposed for the underlying felony. By changing the punishment for certain crimes, the bill would impose a state-mandated local program.
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:
Section 667.87 is added to the Penal Code, to
2read:
(a) Any person convicted of any serious felony
4specified in Section 1192.7 or 1192.8 shall, in addition to any other
5punishment imposed, receive a one-year sentence enhancement if
6at the time of the offense that person had a blood alcohol level of
7.08 or greater or was unlawfully under the influence of a controlled
8substance as defined in subdivision (b). The enhancement imposed
9by this subdivision shall be served consecutive to the punishment
10imposed for the underlying felony.
11(b) For purposes of this section, “controlled substance” means
12any substance that would expose a possessor of any quantity of
13that substance to a criminal prosecution.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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