BILL NUMBER: SB 1182	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 15, 2016

INTRODUCED BY   Senator Galgiani
    (   Coauthor:   Assembly Member  
Gonzalez   ) 

                        FEBRUARY 18, 2016

   An act to add Sections 11350.5 and 11377.5 to the Health and
Safety Code, relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1182, as amended, Galgiani. Controlled substances.
   (1) Existing law generally provides that the possession of
 Ketamine,   ketamine,  gamma
hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor,
punishable by imprisonment in  the   a 
county jail for not more than one year.
   This bill would make it a felony, punishable by imprisonment in
 the   a  county jail for 16 months, or 2
or 3 years, to possess  Ketamine,   ketamine,
 flunitrazepam, or GHB, with the intent to commit sexual
assault, as defined for these purposes to include, among other acts,
rape, sodomy, and oral copulation. By creating a new crime, this bill
would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Ketamine, gamma hydroxybutyric acid (GHB), and Rohypnol are
drugs often characterized as "date rape" drugs.
   (b) GHB is a central nervous system depressant that was approved
for the treatment of narcolepsy. GHB has no color or taste, and is
frequently combined with alcohol to commit sexual assault.
   (c) Ketamine causes unconsciousness, hallucinations, loss of body
control, and numbing.  Ketamine   ketamine 
works very quickly, so victims drugged with  Ketamine
  ketamine  only have a few seconds to react before
losing consciousness.
   (d) Rohypnol, commonly known as flunitrazepam, and sometimes
referred to as "roofies," impairs judgment and leaves victims drugged
with Rohypnol physically incapacitated. Memory loss and confusion
under the influence of this drug makes victims more vulnerable to
rape.
   (e) In order to deter the possession of  Ketamine,
  ketamine,  GHB, and Rohypnol by sexual predators
and to take steps to prevent the use of these drugs to incapacitate
victims for purposes of sexual exploitation, it is necessary and
appropriate that an individual who possesses one of these substances
for predatory purposes be subject to felony penalties.
  SEC. 2.  Section 11350.5 is added to the Health and Safety Code, to
read:
   11350.5.  (a) Except as otherwise provided in this division, every
person who possesses a controlled substance specified in paragraph
(3) of subdivision (e) of Section 11054  of this code  with
the intent to commit sexual assault shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code.
   (b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
Penal Code.
  SEC. 3.  Section 11377.5 is added to the Health and Safety Code, to
read:
   11377.5.  (a) Except as otherwise provided in this division, every
person who possesses any controlled substance specified in paragraph
(11) of subdivision (c) of, or subdivision (g) of, Section 
11056,   11056 of this code,  or paragraph (13) of
subdivision (d) of Section  11057,   11057 of
this code,  with the intent to commit sexual assault, shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code.
   (b) For purposes of this section, "sexual assault" means conduct
in violation of Section 243.4, 261, 262, 286, 288a, or 289 of the
Penal Code.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.