BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2309
                                                                  Page  1

          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                 AB 2309 (Brown) - As Introduced:  February 21, 2014 

          Policy Committee:                              Public  
          SafetyVote:   

          Urgency:     No                   State Mandated Local Program:   
          Yes    Reimbursable:              No

           SUMMARY  

          This bill adds specified prescription medications - primarily  
          Xanax and benzodiazepine-related sedatives - 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 meets specified criteria, including no prior  
          convictions for any offense involving a controlled substance,  
          and no prior felony convictions within five years.

           FISCAL EFFECT

           1)Unknown, likely minor, local savings to the extent fewer  
            offenders are sentenced to county jail. In most cases, these  
            offenders would receive probation.  

          2)Minor court costs/savings.  

          COMMENTS  

           1)Rationale.  The author's intent is to correct what she contends  
            is an oversight in California's deferred entry of judgment  
            law, by permitting persons convicted of a possession of Xanax  
            or other benzodiazepines - an infraction or a misdemeanor - to  
            participate in drug diversion programs, in the same manner as  
            persons convicted of felonies involving more serious drugs.   

           2)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  








                                                                  AB 2309
                                                                  Page  2

            individuals convicted of felonies involving far more serious  
            drugs, such as the possession of heroin, cocaine, and  
            methamphetamine. 
                
            3)Current law  provides entry of judgment may be deferred for  
            defendants charged with specific controlled substance offenses  
            if they meet specific criteria, including no prior convictions  
            involving a controlled substance and no prior felony  
            convictions within five years. Upon successful completion of a  
            drug program, the arrest will be deemed to never have  
            occurred.   


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081