BILL ANALYSIS �
AB 2309
Page 1
Date of Hearing: April 1, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2309 (Brown) - As Introduced: February 21, 2014
SUMMARY : Adds specified prescription medications contained in
Schedule IV of the Uniform Controlled Substance Act to the list
of crimes related to the unlawful possession of a controlled
substance for which entry of judgment may be deferred if the
defendant meet specified criteria. Specifically, this bill :
Adds the possession of Chlordiazepoxide, Clonazepan,
Clorazepate, Diazepam, Flurazepan, Lorazepan, Mebutamate,
Oxazepam, Prazepam, Temazapam, Halazepam, Alprazolam,
Propoxyphene, Diethylpropion, Phentermine, Pemoline,
Fenfluramine, and Triazolam without a prescription to the list
of offenses for which for which entry of judgment may be
deferred if the defendant meet specified criteria.
EXISTING LAW :
1)Provides that the entry of judgment may be deferred with
respect to a defendant charged with specific controlled
substance offenses if they meet specific criteria, including
no prior convictions for any offense involving a controlled
substance and have had no prior felony convictions within five
years. (Pen. Code, �1000.)
2)Provides that upon successful completion of a deferred entry
of judgment, the arrest upon which the judgment was deferred
shall be deemed to never have occurred. The defendant may in
response to any question in regard to his or her prior
criminal record that he or she was not arrested or granted
deferred entry of judgment, except as specified. (Pen. Code, �
1000.4 (a).)
3)States that a record pertaining to an arrest resulting in
successful completion of a deferred entry of judgment program
shall not, without the defendant's consent, be used in any way
that could result in the denial of any employment, benefit,
license, or certificate. [Pen. Code, � 1000.4 subd. (a).)
AB 2309
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4)Requires that a defendant be advised that regardless of his or
her successful completion of a deferred entry of judgment
program, the arrest upon which the case was based, may be
disclosed by the DOJ in response to any peace officer
application request, and that the defendant is obligated to
disclose the arrest in response to any direct question on the
application. (Pen. Code, � 1000.4 subd. (b).)
5)Provides that a superior court may administer a pre-plea drug
diversion program if the court, the county district attorney
and the public defender agree. (Pen. Code, � 1000.5.)
6)Every person that possesses Chlordiazepoxide, Clonazepan,
Clorazepate, Diazepam, Flurazepan, Lorazepan, Mebutamate,
Oxazepam, Prazepam, Temazapam, Halazepam, Alprazolam,
Propoxyphene, Diethylpropion, Phentermine, Pemoline,
Fenfluramine, and Triazolam unless upon the prescription of
physician, dentist, podiatrist, or veterinarian licensed to
practice in this state, shall be guilty of an infraction or a
misdemeanor. (Health & Saf. Code, � 11375 subd. (b)(2).)
7)Provides that except where a different is prescribed by any
law of this state, every offense declared to be a misdemeanor
is punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding $1,000, or by both a
fine and imprisonment. (Pen. Code, � 19.)
8)States that an infraction is not punishable by imprisonment.
(Pen. Code, � 19.6.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "AB 2309
corrects what clearly appears to be an oversight in
California's diversion law, by permitting individuals
convicted of a possession of Xanax or other benzodiazepines -
a misdemeanor or infraction - to participate in drug diversion
programs, in the same was as individuals convicted of felonies
involving far more serious drugs like heroin, cocaine, and
methamphetamine.
AB 2309
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"It makes little sense that a person convicted of a felony
possession of methamphetamine may be eligible for a drug
diversion program under Health and Safety Code ��11350 and
11377, but an individual convicted of a misdemeanor possession
of Xanax or other benzodiazepines is ineligible. Given
today's inmate population and the backlog in the criminal
courts, this bill is reasonable, fair, and necessary."
2)Argument in Support : The California Conference of Bar
Associations , states" AB 2309 would correct an inconsistency
in existing law by allowing persons convicted of
misdemeanor/infraction possession of Xanax (Aprazolam) or
other benzodiazepines to participate in a drug diversion
program, the same as individuals convicted of felonies
involving far more serious drugs, such as the possession of
heroin, cocaine, and methamphetamine.
REGISTERED SUPPORT / OPPOSITION :
Support
Conference of California Bar Associations
California District Attorneys Association
Legal Services for Prisoners with Children
California Public Defenders Association
California Attorneys for Criminal Justice
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744