BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 513  
                                                         Page 1

ASSEMBLY THIRD READING
AB 513 (Hertzberg)
As Introduced February 24, 1997
Majority vote

  PUBLIC SAFETY        9-0         APPROPRIATIONS    21-0           

Ayes: Hertzberg, Goldsmith, Baugh,Ayes:Migden, Poochigian,  
Ackerman,
      Bowler, House, Martinez,         Aguiar, Baca, Bordonaro,
      Murray, Napolitano, Pacheco      Brewer, Cardenas, Granlund,
                                       Kuehl, Machado, Martinez,
                                       Olberg, Papan, Perata,  
Shelley,
                                       Sweeney, Runner, Thomson,
                                       Villaraigosa, Washington

  SUMMARY  :  Punishes manufacturing of specified, large amounts of  
methamphetamine, amphetamine, or PCP with an enhancement of three  
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  
   respective 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  
above if he or she finds 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 above (for the same respective amounts of  
   the drug specified  above).  

2) Allows the judge to strike the additional punishment if he or  
   she finds there are circumstances in mitigation.  

3)  Exempts from punishment the manufacturing of these drugs with  
the additional prison sentences listed above.








                                                          AB 513  
                                                         Page 2

  FISCAL EFFECT  :  According to the Assembly Appropriations Committee  
analysis, this bill has indeterminable, but potentially  
significant, annual ongoing 
state incarceration costs.

  COMMENTS  :  According to the author, "The Department of Justice  
reports that California produces about three times as 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."

Please see the policy committee analysis for a more comprehensive  
discussion of this bill.


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


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