BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2309|
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THIRD READING
Bill No: AB 2309
Author: Brown (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 4/24/14 (Consent) - See last page for
vote
SUBJECT : Controlled substances: possession: deferred entry
of judgment
SOURCE : Conference of California Bar Associations
DIGEST : This bill provides that persons in unauthorized
possession of specified prescription drugs, benzodiazepine
anti-anxiety drugs, weight-control stimulants, pain management
and attention deficit control drugs, are eligible for deferred
entry of judgment or diversion and dismissal of the charges upon
completion of a rehabilitation program.
ANALYSIS : Existing law:
1.Provides that the entry of judgment may be deferred with
respect to a defendant charged with specific controlled
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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.
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/her prior criminal
record that he/she was not arrested or granted deferred entry
of judgment, except as specified.
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.
4.Requires that a defendant be advised that regardless of
his/her successful completion of a deferred entry of judgment
program, the arrest upon which the case was based, may be
disclosed by the Department of Justice 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.
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.
6.States that 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.
7.Provides that except where a different punishment 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.
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8.States that an infraction is not punishable by imprisonment.
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 entry of judgment may be deferred if the
defendant meets specified criteria.
Comments
According to the author, "Under current law, individuals
convicted of a misdemeanor/infraction possession of Xanax
(Aprazolam) or other benzodiazepines are not permitted to
participate in a deferred entry of judgment or drug diversion
program, while individuals convicted of felonies involving far
more serious drugs, such as possession of heroin, cocaine, and
methamphetamine under Health and Safety Code �� 11350 and 11377,
are eligible. AB 2309 would remove this unnecessary distinction
- which appears to exist solely due to oversight - by making
persons convicted of Xanax or other benzodiazepines eligible for
diversion. Not only will AB 2309 bring consistency and fairness
to the law, but it will help in a small way to reduce court
congestion by extending deferred entry of judgment to the more
de minimus drug offenses."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/20/14)
Conference of California Bar Associations (source)
California Attorneys for Criminal Justice
California District Attorneys Association
California Narcotic Officers' Association
California Public Defenders Association
Californians United for a Responsible Budget
Legal Services for Prisoners with Children
Los Angeles District Attorney's Office
Taxpayers for Improving Public Safety
ASSEMBLY FLOOR : 75-0, 4/24/14
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Gray, Harkey, Mansoor, Nazarian, Vacancy
JG:nl 6/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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