BILL NUMBER: SB 157	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 12, 2009

   An act to amend Section 11379.7 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 157, as introduced, Runner. Controlled substance offenses:
methamphetamine or phencyclidine: child under 16 years of age present
or suffering great bodily injury.
   Existing law prohibits the manufacture of controlled substances
and the possession of certain precursors of controlled substances
with the intent to manufacture those controlled substances. Existing
law further provides that any person convicted of violating these
provisions, or of an attempt to violate these provisions, as the
provisions relate to methamphetamine or phencyclidine, when the crime
occurs in a structure where any child under 16 years of age is
present or causes a child under 16 years of age to suffer great
bodily injury or death, shall be punished by an additional term of
imprisonment in the state prison, as specified.
   This bill would provide that an additional term of imprisonment in
the state prison shall be imposed, as specified, for each child
under 16 years of age who is present or who suffers great bodily
injury.
   By providing for multiple enhancing allegations to be pled and
proved by local prosecutors in some cases, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11379.7 of the Health and Safety Code is
amended to read:
   11379.7.  (a) Except as provided in subdivision (b), any person
convicted of a violation of subdivision (a) of Section 11379.6 or
Section 11383, or of an attempt to violate subdivision (a) of Section
11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the crime occurs in a structure where any child under
16 years of age is present, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of two years in the
state prison  for each child under 16 years of age who is present
 .
   (b) Any person convicted of a violation of subdivision (a) of
Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or phencyclidine, where the
commission of the crime causes any child under 16 years of age to
suffer great bodily injury, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of five years in the
state prison  for each child under 16 years of age who suffers
great bodily injury  .
   (c) As used in this section, "structure" means any house,
apartment building, shop, warehouse, barn, building, vessel, railroad
car, cargo container, motor vehicle, housecar, trailer, trailer
coach, camper, mine, floating home, or other enclosed structure
capable of holding a child and manufacturing equipment.
   (d) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.