BILL ANALYSIS
AB 640
Page 1
ASSEMBLY THIRD READING
AB 640 (Huber)
As Amended April 21, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Solorio Hagman, Furutani, |Ayes:|De Leon, Nielsen, |
| |Gilmore, Hill, Ma, | |Ammiano, |
| |Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
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SUMMARY : Provides that any person granted probation for the
sale of methamphetamine shall serve at least 120 days in the
county jail. Specifically, this bill requires:
1)That any person convicted of the sale of methamphetamine, who
is eligible for and granted probation, shall be confined in a
county jail for at least 120 days, as a condition of
probation.
2)No less than the minimum 120-day sentence to be imposed unless
the court finds that in the interest of justice not to impose
that sentence, and states on the circumstances indicating why
justice would best be served by not imposing that minimum jail
sentence.
EXISTING LAW :
1)Provides that any person convicted of the sale of cocaine,
heroin, or PCP who is eligible for probation, and is granted
probation shall, as a condition thereof, be confined in a
county jail for at least 180 days. The imposition of the
minimum 180 day sentence shall be imposed in every case where
probation has been granted, except that the court may, in an
unusual case where the interest of justice would best be
served, absolve a person from spending the 180 day sentence in
the county jail if the court specifies on the record and
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enters into the minutes, the circumstances indicating that the
interests of justice would best be served by that disposition.
2)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including
methamphetamine, shall be punished by imprisonment state
prison for two, three, or four years.
3)Provides that a person who possesses for sale specified
controlled substances, including methamphetamine, shall be
punished by imprisonment in the state prison for 16 months, 2
or 3 years.
4)Provides that the possession of specified controlled
substances, including methamphetamine, shall be punished by
imprisonment in a county jail for a term not to exceed one
year, or by imprisonment in the state prison for 16 months, 2
or 3 years.
5)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including heroin
or cocaine shall be punished by imprisonment state prison for
three, four, or five years.
6)Provides that a person who possesses for sale specified
controlled substances, including heroin and cocaine, shall be
punished by imprisonment in the state prison for two, three,
or four years.
7)Provides that the possession of specified controlled
substances, including heroin or cocaine, shall be punished by
imprisonment in the state prison for 16 months, 2 or 3 years.
8)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially moderate nonreimbursable local
incarceration costs, potentially in the low millions of dollars
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statewide, for 120 days of mandatory minimum jail time.
(For order of magnitude purposes, about 3,000 persons were
committed to state prison for methamphetamine sales in 2007 and
2008 combined.)
COMMENTS : According to the author, "We must put to an end the
ability of drug dealers to return directly back to our streets
after being convicted of selling methamphetamine. The longer we
put drug pushers behind bars, the longer drug addicts and drug
infested communities will have to cleanup and break the cycle of
drug abuse.
"Despite continuous efforts to combat the methamphetamine drug
use epidemic, its use in California is rampant throughout the
state. The Department of Alcohol and Drug Programs has reported
that methamphetamine use is now the most commonly reported
primary drug problem in the state, based on data collected from
all publicly monitored treatment providers. Nationwide,
Californians make up 40% of all methamphetamine treatment
admissions."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0000747