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 FN 032404