BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 649|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
VETO
Bill No: SB 649
Author: Leno (D), et al.
Amended: 6/3/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/23/13
AYES: Hancock, Block, De Le�n, Liu, Steinberg
NOES: Anderson, Knight
SENATE FLOOR : 23-14, 5/2/13
AYES: Beall, Block, Calderon, Corbett, De Le�n, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno,
Lieu, Liu, Monning, Pavley, Price, Steinberg, Wolk, Wright,
Yee
NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,
Gaines, Huff, Knight, Nielsen, Padilla, Roth, Walters, Wyland
NO VOTE RECORDED: Galgiani, Vacancy, Vacancy
ASSEMBLY FLOOR : 41-31, 9/4/13 - See last page for vote
SENATE FLOOR : 24-14, 9/10/13
AYES: Beall, Block, Calderon, Corbett, De Le�n, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson,
Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Steinberg,
Torres, Wolk, Yee
NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,
Gaines, Huff, Knight, Nielsen, Roth, Vidak, Walters, Wyland
NO VOTE RECORDED: Wright, Vacancy
SUBJECT : Possession of controlled substances: penalties
CONTINUED
SB 649
Page
2
SOURCE : American Civil Liberties Union
California Public Defenders Association
Californians for Safety and Justice
California State NAACP
Drug Policy Alliance
Friends Committee on Legislation, California
National Council of La Raza
William C. Vel�squez Institute
DIGEST : This bill provides that possession for personal use
of specified controlled substances is an alternate
felony-misdemeanor (wobbler), not a straight felony.
ANALYSIS :
Existing law:
1. Classifies controlled substances in five schedules, generally
according to their danger and potential for abuse.
2. Provides penalties for sale, possession for sale or
distribution, sale or distribution, and manufacturing of
controlled substances.
3. With numerous exceptions, includes the following penalties
for drug offenses:
A. Heroin, cocaine and other specified drugs:
(1) possession - felony - prison term of 16 months,
two years or three years
(2) possession for sale or distribution - felony -
prison for two, three or four years;
(3) possession of cocaine base (crack) for sale -
felony - prison for three, four, five years; and
(4) sale or distribution - felony term of three, six
CONTINUED
SB 649
Page
3
or nine year term.
B. Methamphetamine and other specified drugs:
(1) possession - alternate felony-misdemeanor;
(2) possession for sale or distribution - felony; and
(3) sale or distribution - felony term of two, three
or four years.
C. Marijuana:
(1) possession of under an ounce is an infraction;
(2) possession of hashish - alternate
felony-misdemeanor;
(3) cultivation or processing - felony;
(4) possession for sale - felony; and
(5) sale or distribution - felony term of two, three
or four years.
4. Provides that being under the influence of a specified
controlled substance is a misdemeanor.
5. Requires persons who have been convicted of one of a list of
numerous drug and drug-related crimes, including possession,
possession for sale and sale of various controlled substances
to register with the local police chief or sheriff, as
specified. The registration requirement does not apply to a
person convicted of misdemeanor possession of methamphetamine
(or a specified drug such as psilocybin mushrooms).
CONTINUED
SB 649
Page
4
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 9/5/13)
American Civil Liberties Union (co-source)
California Public Defenders Association (co-source)
Californians for Safety and Justice (co-source)
California State NAACP (co-source)
Drug Policy Alliance (co-source)
Friends Committee on Legislation, California (co-source)
National Council of La Raza (co-source)
William C. Vel�squez Institute (co-source)
A New PATH (Parents for Addiction Treatment and Healing)
A New Way of Life Re-entry Project
Advancement Project
Aegis Medical Systems
Alpha Project
Alternatives to Incarceration of Tulare
Amity Foundation
Asian Law Caucus
BAART Programs
Broken No More
California Association of Alcohol and Drug Program Executives,
Inc.
California Attorneys for Criminal Justice
California Church IMPACT
California Civil Rights Coalition
California Drug Counseling, Inc.
California Faith Action
California Judges Association
California Opioid Maintenance Providers
California Partnership
California Society of Addiction Medicine
Center for Health Justice
Center for Living and Learning
Center on Juvenile and Criminal Justice
Central Valley Progressive
Clergy & Laity United for Economic Justice, Los Angeles
Coalition for Humane Immigrants' Rights of Los Angeles
Conference of California State Bar Associations
Courage Campaign
Cri-Help, Inc.
Ella Baker Center for Human Rights
CONTINUED
SB 649
Page
5
FACTS
Fresno County Democratic Central Committee
Greenlining Institute
HealthRIGHT360
Homeless Healthcare Los Angeles
Human Rights Watch
LA Community Action Network
Labor/Community Strategy Center
Law Enforcement Against Prohibition
Los Angeles County HIV & Alcohol Task Force
Los Angeles Metropolitan Churches
Los Angeles Regional Reentry Partnership
Merced Prison Reform Advocates
Mexican American Legal Defense and Educational Fund
National Employment Law Project
National Latino Evangelical Coalition
National Organization for the Reform of Marijuana Laws Women's
Alliance,
San Diego Chapter
Right on Crime
Sacramento Homeless Organizing Committee
Students for Sensible Drug Policy, Whittier Law School Chapter
Tarzana Treatment Centers, Inc.
The Sentencing Project
Time for Change Foundation
University of California Law Students for Sensible Drug Policy
University of California Student Association
Women's Foundation of California
Youth Justice Coalition
OPPOSITION : (Verified 9/5/13)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Narcotics Officers Association
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author:
SB 649 will support reentry and reduce recidivism. Those
convicted of a misdemeanor will be spared the lifelong
CONTINUED
SB 649
Page
6
barriers that follow a felony conviction, including
obstacles to housing, employment, and even public support.
Those convicted of a felony will be able to ask a court
to reduce the conviction on their record to a misdemeanor
after they have successfully completed probation.
If the reduction is granted, a prospective employer or
landlord will see the original conviction but also that a
court had reduced the conviction to a misdemeanor
following successful completion of probation. This
signals rehabilitation to an employer and can increase a
person's employment prospects.
Allowing those committed to successful reentry an
opportunity at a meaningful second chance both
incentivizes positive behavior while under criminal
justice supervision and supports people in achieving
self-reliance.
SB 649 will reduce disproportionate impact. Despite
similar levels of drug use across racial and ethnic lines,
people of color are vastly disproportionately arrested,
prosecuted and incarcerated for drug offenses. SB 649
will have a tremendous positive impact for families and
communities of color.
ARGUMENTS IN OPPOSITION : The California District Attorneys
Association writes in opposition that, "This bill would allow
for a reduced penalty for the possession of specified controlled
substances.
Undoubtedly, drugs such as heroin and cocaine are highly
addictive. Most would concede that drug additions destroy lives
and families, and are damaging to society. Minimizing the
consequences of addictive and destructive behavior does not make
it less addictive or destructive.
Additionally, this bill will undoubtedly result in more
offenders being sentenced to county jail. Counties are already
dealing with the overwhelming impacts of criminal justice
realignment and this bill will exacerbate the overcrowding
problems that plague our county jails."
GOVERNOR'S VETO MESSAGE:
CONTINUED
SB 649
Page
7
"I am returning Senate Bill 649 without my signature.
This bill would allow possession of heroin or cocaine to be
charged as a misdemeanor instead of a felony.
Under SB 105, we are going to examine in detail
California's criminal justice system, including the current
sentencing structure. We will do so with the full
participation of all necessary parties, including law
enforcement, local government, courts and treatment
providers. That will be the appropriate time to evaluate
our existing drug laws."
ASSEMBLY FLOOR : 41-31, 9/4/13
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Ch�vez,
Chesbro, Dickinson, Donnelly, Eggman, Fong, Garcia, Gomez,
Gonzalez, Gordon, Hall, Holden, Jones-Sawyer, Levine,
Lowenthal, Mitchell, Mullin, Nazarian, Pan, Quirk, Rendon,
Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Achadjian, Allen, Bigelow, Conway, Cooley, Dahle, Daly,
Fox, Beth Gaines, Gatto, Gorell, Grove, Hagman, Harkey, Jones,
Linder, Logue, Maienschein, Medina, Morrell, Muratsuchi,
Nestande, Olsen, Patterson, Perea, V. Manuel P�rez,
Quirk-Silva, Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chau, Frazier, Gray, Roger Hern�ndez,
Mansoor, Melendez, Vacancy, Vacancy
JG:d:n 1/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED