BILL ANALYSIS �
AB 2492
Page 1
ASSEMBLY THIRD READING
AB 2492 (Jones-Sawyer)
As Amended May 28, 2014
Majority vote
LOCAL GOVERNMENT
(vote not relevant)
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SUMMARY : Deletes the requirement that a person convicted of
using or being under the influence of specified controlled
substances serve at least 90 days in a county jail, and deletes
the requirement, that as a condition of probation for commission
of the above offense, the person serve at least 90 days in a
county jail.
EXISTING LAW :
1)Provides that no person shall use, or be under the influence
of specified controlled substances contained in Schedule I, or
II of the Uniform Controlled Substances Act, or a narcotic
drug classified in Schedule III, IV, or V, except when
administered by or under the direction of a person licensed by
the state to dispense, prescribe, or administer controlled
substances. It shall be the burden of the defense to show
that it comes within the exception. Any person convicted of
violating these provisions is guilty of a misdemeanor and
shall be sentenced to a term of not less than 90 days or more
than one year in a county jail. The court may place a person
convicted under these provisions on probation for a period not
to exceed five years and, except as specified, shall in all
cases in which probation is granted require, as a condition
thereof, that the person be confined in a county jail for at
least 90 days. Other than as specified, in no event shall the
court have the power to absolve a person who violates these
provisions from the obligation of spending at least 90 days in
confinement in a county jail.
2)States that any person that is convicted of using or being
under the influence of a specified controlled substance when
the offense occurred within seven years of the person being
convicted of two or more separate violations of that
provision, and refuses to complete a licensed drug
rehabilitation program offered by the court, as specified,
AB 2492
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shall be punished by imprisonment in a county jail for not
less than 180 days nor more than one year. In no event does
the court have the power to absolve a person who violates
these provisions from the obligation of spending at least 180
days in confinement in a county jail unless there are no
licensed drug rehabilitation programs reasonably available.
For the purpose of these provisions, a drug rehabilitation
program shall not be considered reasonably available unless
the person is required to pay no more than the court
determines that he or she is reasonably able to pay, in order
to participate in the program.
3)Provides that the court may, when it would be in the interest
of justice, permit any person convicted of using or being
under the influence of a specified controlled substance to
complete a licensed drug rehabilitation program in lieu of
part or all of the imprisonment in the county jail. As a
condition of sentencing, the court may require the offender to
pay all or a portion of the drug rehabilitation program.
4)States that any person convicted of the sale of cocaine,
heroin, or phencyclidine (PCP) who is eligible for probation,
and is granted probation shall, as a condition thereof, be
confined in a county jail for at least 180 days. The
imposition of the minimum 180-day sentence shall be imposed in
every case where probation has been granted, except that the
court may, in an unusual case where the interest of justice
would best be served, absolve a person from spending the
180-day sentence in the county jail if the court specifies on
the record and enters into the minutes, the circumstances
indicating that the interests of justice would best be served
by that disposition.
5)States that any person who transports, sells, furnishes, or
gives away specified controlled substances, including
methamphetamine, shall be punished by imprisonment in a
county jail for two, three, or four years.
6)Provides that a person who possesses for sale specified
controlled substances, including methamphetamine, shall be
punished by imprisonment in a county jail for 16 months, two
or three years.
7)Provides that the possession of specified controlled
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substances, including methamphetamine, shall be punished by
imprisonment in a county jail for a term not to exceed one
year, or by imprisonment in a county jail for 16 months, two
or three years.
8)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including heroin
or cocaine shall be punished by imprisonment in a county jail
for three, four, or five years.
9)Provides that a person who possesses for sale specified
controlled substances, including heroin and cocaine, shall be
punished by imprisonment in a county jail for two, three, or
four years.
10)Provides that the possession of specified controlled
substances, including heroin or cocaine, shall be punished by
imprisonment in a county jail for 16 months, two or three
years.
11)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003886