BILL NUMBER: AB 513	CHAPTERED
	BILL TEXT

	CHAPTER   505
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 1997
	APPROVED BY GOVERNOR   SEPTEMBER 25, 1997
	PASSED THE SENATE   SEPTEMBER 8, 1997
	PASSED THE ASSEMBLY   JUNE 3, 1997

INTRODUCED BY  Assembly Member Hertzberg
   (Principal coauthor: Assembly Member Thomson)

                        FEBRUARY 24, 1997

   An act to amend Section 11370.4 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 513, Hertzberg.  Controlled substances.
   Existing law provides that persons convicted of the unlawful
possession for sale, transportation, importation, sale, or furnishing
of, or certain related offenses involving methamphetamine,
amphetamine, or phencyclidine (PCP) shall receive additional terms of
imprisonment depending on the weight or volume of the substances.
   This bill would add the manufacture of methamphetamine,
amphetamine, or PCP to the offenses specified for purposes of this
provision.  By expanding the scope of an existing sentence
enhancement, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11370.4 of the Health and Safety Code is
amended to read:
   11370.4.  (a) Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 with respect
to a substance containing heroin, cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054, or cocaine as
specified in paragraph (6) of subdivision (b) of Section 11055 shall
receive an additional term as follows:
   (1) Where the substance exceeds one kilogram by weight, the person
shall receive an additional term of three years.
   (2) Where the substance exceeds four kilograms by weight, the
person shall receive an additional term of five years.
   (3) Where the substance exceeds 10 kilograms by weight, the person
shall receive an additional term of 10 years.
   (4) Where the substance exceeds 20 kilograms by weight, the person
shall receive an additional term of 15 years.
   (5) Where the substance exceeds 40 kilograms by weight, the person
shall receive an additional term of 20 years.
   (6) Where the substance exceeds 80 kilograms by weight, the person
shall receive an additional term of 25 years.
   The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (b) Any person convicted of a violation of, or of conspiracy to
violate, Section 11378, 11378.5, 11379, 11379.5, or 11379.6 with
respect to a substance containing methamphetamine, amphetamine,
phencyclidine (PCP) and its analogs shall receive an additional term
as follows:
   (1) Where the substance exceeds one kilogram by weight, or 30
liters by liquid volume, the person shall receive an additional term
of three years.
   (2) Where the substance exceeds four kilograms by weight, or 100
liters by liquid volume, the person shall receive an additional term
of five years.
   (3) Where the substance exceeds 10 kilograms by weight, or 200
liters by liquid volume, the person shall receive an additional term
of 10 years.
   (4) Where the substance exceeds 20 kilograms by weight, or 400
liters by volume, the person shall receive an additional term of 15
years.
   In computing the quantities involved in this subdivision, plant or
vegetable material seized shall not be included.
   The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (c) The additional terms provided in this section shall not be
imposed unless the allegation that the weight of the substance
containing heroin, cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, cocaine as specified in paragraph
(6) of subdivision (b) of Section 11055, methamphetamine,
amphetamine, or phencyclidine (PCP) and its analogs exceeds the
amounts provided in this section is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
   (d) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
   (e) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines  that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.