BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 513  
                                                         Page 1

Date of Hearing:  April 8, 1997
Counsel:          Michael A. Katz


                ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                    Robert M. Hertzberg, Chair

      AB 513 (Hertzberg) - As Introduced:  February 24, 1997


  SUMMARY  :  Punishes manufacturing of specified, large amounts of  
methamphetamine, amphetamine, or PCP with an enhancement of 3 to  
15 years in prison (in addition to the punishment for the  
underlying offense of manufacturing the drug).  Specifically,  this  
bill  :

1) Punishes manufacturing of the following amounts of  
   methamphetamine, amphetamine, or PCP with the following prison  
   sentences (in addition to the punishment for the underlying  
   offense of manufacturing the drug):

   a)  Three years in prison if the amount is one kilogram by  
   weight or 30 liters of liquid by volume,

   b)  Five years in prison if the amount is four kilograms by  
   weight or 100 liters of liquid by volume,

   c)  Ten years in prison if the amount is 10 kilograms by weight  
   or 200 liters of liquid by volume, and

   d)  Fifteen years in prison if the amount is 20 kilograms by  
   weight or 400 liters by volume. 

2)  Allows the judge to strike the additional punishment specified  
in Number 1 above if (s)he find there are circumstances in  
mitigation. 

  EXISTING LAW  : 

1) Punishes the sale, transportation, or possession for sale of  
   methamphetamine, amphetamine, or PCP with the same additional  
   prison time specified in Number 1 one above (for the same  
   respective amounts of the drug specified in Number 1 above).   
   (Health and Safety Code Section 11370.4(b).)

2) Allows the judge to strike the additional punishment if (s)he  
   finds there are circumstances in mitigation.  (Health and  
   Safety Code Section 11370.4(e).)

3)  Does not punish the manufacturing of these drugs with the  
additional prison sentences listed in "existing law" Number 1.

  COMMENTS  :  

1)   Author's Statement  .  According to the author, "The Department  
of Justice reports that California produces about three times as  







                                                          AB 513  
                                                         Page 2

much methamphetamine as the rest of the country.  In 1996, 799  
methamphetamine labs were seized in California.  Law enforcement  
groups consider methamphetamine the most 
dangerous illegal drug available.  Increasing penalties for the  
manufacturing of this chemical is just one of several actions  
needed to address the surge in methamphetamine use in this state."

2)  Extent of the Problem  .  The author states that taxpayers are  
   spending more than $1 million a year to clean up  
   environmentally hazardous methamphetamine labs which were  
   either abandoned by criminals or seized by law enforcement.   
   The author observes that as many as 1,000 former  
   methamphetamine labs still need to be cleaned.  

   According to the author, in this state and throughout the  
   nation, the number of methamphetamine-related emergency room  
   visits has doubled over the past few years, mostly due to  
   methamphetamine labs in in California.  Moreover, the author  
   (citing police statistics) points out that methamphetamine use  
   in California has almost quintupled since 1991.

   The Los Angeles District Attorney's Office estimates that in  
   Los Angeles County alone 25 to 50 cases each year would be  
   affected by this bill.

3)   Arguments in Support  .  The California Union of Safety  
Employees states that the "crime of producing illicit drugs is of  
no less importance than the crime of selling illicit drugs.  It  
makes sense to hold manufacturers and sellers of illegal  
substances to the same standards."

4)   Arguments in Opposition  .  According to the California  
Attorneys for Criminal Justice, "Expanding the scope of existing  
sentencing enhancements does not improve public safety, and will  
further clog our already overburdened courts.  CACJ believes that  
the best - and most cost effective - approach to the problem of  
substance abuse and prevention of criminal behavior by abusers is  
education and treatment."

  REGISTERED SUPPORT/OPPOSITION  :

  Support  

California Peace Officers Association
California Police Chiefs Association
Los Angeles County District Attorney's Office
Association for Los Angeles Deputy Sheriffs, Inc.
The California Union of Safety Employees
Committee on Moral Concerns

  Opposition  

California Attorneys for Criminal Justice


  Analysis prepared by  :  Michael A. Katz / apubs / (916) 445-3268







                                                          AB 513  
                                                         Page 3