BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 640|
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THIRD READING
Bill No: AB 640
Author: Huber (D), et al
Amended: 4/21/09 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 2-3, 6/16/09 (FAIL)
AYES: Benoit, Huff
NOES: Leno, Hancock, Steinberg
NO VOTE RECORDED: Cedillo, Wright
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/29/10
AYES: Cogdill, Cedillo, Huff, Wright
NOES: Leno, Hancock
NO VOTE RECORDED: Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-1, 5/21/09 - See last page for vote
SUBJECT : Mandatory 120-day jail term as condition of
probation: sale
of methamphetamine
SOURCE : Author
DIGEST : This bill requires the court, in granting
probation to any person convicted of the sale of
methamphetamine, to order the defendant to serve a minimum
term of 120 days in the county jail as a condition of
probation unless the court finds that it is in the interest
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of justice not to impose such a term.
ANALYSIS : Existing law provides that any person
convicted of the unlawful sale of cocaine or heroin who is
eligible for and granted probation shall, as a condition of
that prohibition, be confined in the county jail for at
least 180 days, except as provided.
This bill provides that any person convicted of the sale of
methamphetamine, and who is eligible for probation and is
granted probation shall, as a condition thereof, be
confined in a county jail for at least 120 days.
This bill provides that the court can decline to impose the
120-day jail term if the court specifies on the record and
enters into the minutes the circumstances indicating that
the interest of justice would best be served by that
disposition.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
California District Attorneys Association
Amador County Sheriff
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles County District Attorney
Peace Officers Research Association of California
San Joaquin County District Attorney
San Joaquin County Sheriff
OPPOSITION : (Verified 8/2/10)
California Attorneys for Criminal Justice
Drug Policy Alliance Network
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author:
"We must put to an end the ability of drug dealers to
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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 (ADP) 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."
The California State Sheriffs' Association argues in
support: "Existing law provides that any person who is
eligible for and granted probation, be confined in the
county jail for at least 180 days. AB 640 would add the
sale of methamphetamine to the provision requiring 180 days
in the county jail as a condition of probation.
Methamphetamine use and distribution has devastating social
and public safety consequences. It is imperative that
equal penalties be applied for the distribution of this
product in addition to that of cocaine and heroin as
included in current statute."
ARGUMENTS IN OPPOSITION : The California Attorneys for
Criminal Justice argues:
"First, we would note that it is important to allow
judges to have broad discretion under the law to
determine an appropriate sentence in any given case, as
they can factor such things as the nature of the offense
and the background and character of each individual
defendant. To create a presumptive minimum jail term as
set forth in AB 640 will only serve to needlessly fetter
such judicial discretion and to further erode the trust
we bestow on our independent judiciary.
"Second, we would also note that the California prison
and local jail systems are currently in a crisis mode
regarding overcrowding. The California prison system is
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facing federal intervention and a reduction in its budget
given California's fiscal crisis. The prison population
is more than double our prison capacity. Jail
populations are only growing and taxing local county
governments. Given this reality and the urgent need to
remedy this major crisis in California's criminal justice
system, we believe it is particularly inappropriate to
pass legislation which would unnecessarily add to
California's already overcrowded and over-burdened prison
and county jail systems."
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NOES: Ammiano
NO VOTE RECORDED: Salas, Saldana
RJG:mw 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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