Amended in Senate April 28, 2015

Senate BillNo. 212


Introduced by Senator Mendoza

February 11, 2015


An act to amend Sectionbegin delete 11353.6end deletebegin insert 11379.6end insert of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 212, as amended, Mendoza. Controlled substances:begin delete enhanced penalties.end deletebegin insert factors in aggravation.end insert

begin delete

Existing law, the Juvenile Drug Trafficking and Schoolyard Act of 1988, provides that any person 18 years of age or over who is convicted of specified drug offenses is subject to an additional punishment of 3, 4, or 5 years imprisonment, at the court’s discretion, where the offense takes place upon the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs. Existing law defines “within 1,000 feet of a public or private elementary, vocational, junior high, or high school,” as a public area or business establishment where minors are legally permitted to conduct business that is located within 1,000 feet of a public or private elementary, vocational, junior high, or high school.

end delete
begin delete

This bill would include a public or private preschool within the provisions described above. The bill would define “preschool” as a school for children under 6 years of age. The bill would delete the definition of “within 1,000 feet a public or private elementary, vocational, junior high, or high school” described above, and instead define “within 1,000 feet of a public or private preschool, elementary, vocational, junior high, or high school” as a public or private area that is located within 1,000 feet of a public or private preschool, elementary, vocational, junior high, or high school. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

end delete
begin insert

Existing law makes it a felony, punishable by imprisonment in a county jail for 3, 5, or 7 years, to manufacture, compound, convert, produce, derive, process, or prepare by chemical extraction, or by means of chemical synthesis, any controlled substance. Existing law requires the sentencing court to consider the fact that a person under 16 years of age resided in a structure in which a violation of these provisions occurred as a factor in aggravation.

end insert
begin insert

This bill would require the sentencing court to consider the fact that a violation involving methamphetamine occurred within 200 feet of an occupied residence as a factor in aggravation. The bill would also require the sentencing court to consider the fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence as a factor in aggravation. By increasing the punishment for an existing crime, this bill would impose a state-mandated local program.

end insert

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:

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P2    1

SECTION 1.  

Section 11353.6 of the Health and Safety Code
2 is amended to read:

3

11353.6.  

(a)  This section shall be known, and may be cited,
4as the Juvenile Drug Trafficking and Schoolyard Act of 1988.

5(b)  Any person 18 years of age or over who is convicted of a
6violation of Section 11351.5, 11352, or 11379.6, as those sections
7apply to paragraph (1) of subdivision (f) of Section 11054, or of
8Section 11351, 11352, or 11379.6, as those sections apply to
9paragraph (11) of subdivision (c) of Section 11054, or of Section
1011378, 11379, or 11379.6, as those sections apply to paragraph
11(2) of subdivision (d) of Section 11055, or of a conspiracy to
P3    1commit one of those offenses, where the violation takes place upon
2the grounds of, or within 1,000 feet of, a public or private
3 preschool, elementary, vocational, junior high, or high school
4during hours that the school is open for classes or school-related
5programs, or at any time when minors are using the facility where
6the offense occurs, shall receive an additional punishment of three,
7four, or five years at the court’s discretion.

8(c)  Any person 18 years of age or older who is convicted of a
9violation pursuant to subdivision (b) which involves a minor who
10is at least four years younger than that person, as a full and
11separately served enhancement to that provided in subdivision (b),
12shall be punished by imprisonment pursuant to subdivision (h) of
13Section 1170 of the Penal Code for three, four, or five years at the
14court’s discretion.

15(d)  The additional terms provided in this section shall not be
16imposed unless the allegation is charged in the accusatory pleading
17and admitted or found to be true by the trier of fact.

18(e)  The additional terms provided in this section shall be in
19addition to any other punishment provided by law and shall not
20be limited by any other provision of law.

21(f)  Notwithstanding any other provision of law, the court may
22strike the additional punishment for the enhancements provided
23in this section if it determines that there are circumstances in
24mitigation of the additional punishment and states on the record
25its reasons for striking the additional punishment.

26(g) For purposes of this section, the following definitions shall
27apply:

28(1) “Preschool” means a school for children under six years of
29age.

30(2) “Within 1,000 feet of a public or private preschool,
31elementary, vocational, junior high, or high school” means a public
32or private area that is located within 1,000 feet of a public or private
33preschool, elementary, vocational, junior high, or high school.

end delete
34begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11379.6 of the end insertbegin insertHealth and Safety Codeend insert
35begin insert is amended to read:end insert

36

11379.6.  

(a) Except as otherwise provided by law, every person
37who manufactures, compounds, converts, produces, derives,
38processes, or prepares, either directly or indirectly by chemical
39extraction or independently by means of chemical synthesis, any
40controlled substance specified in Section 11054, 11055, 11056,
P4    111057, or 11058 shall be punished by imprisonment pursuant to
2subdivision (h) of Section 1170 of the Penal Code for three, five,
3or seven years and by a fine not exceeding fifty thousand dollars
4($50,000).

5(b) Except when an enhancement pursuant to Section 11379.7
6is pled and proved, the fact that a person under 16 years of age
7resided in a structure in which a violation of this section involving
8methamphetamine occurred shall be considered a factor in
9 aggravation by the sentencing court.

begin insert end insertbegin insert

10(c) The fact that a violation of this section involving
11methamphetamine occurred within 200 feet of an occupied
12residence or any structure where another person was present at
13the time the offense was committed shall be considered a factor
14in aggravation by the sentencing court.

end insert
begin insert

15(d) The fact that a violation of this section involving the use of
16a volatile solvent to chemically extract concentrated cannabis
17occurred within 300 feet of an occupied residence or any structure
18where another person was present at the time the offense was
19committed shall be considered a factor in aggravation by the
20sentencing court.

end insert
begin delete

21(c)

end delete

22begin insert(e)end insert Except as otherwise provided by law, every person who
23offers to perform an act which is punishable under subdivision (a)
24shall be punished by imprisonment pursuant to subdivision (h) of
25Section 1170 of the Penal Code for three, four, or five years.

begin delete

26(d)

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27begin insert(f)end insert All fines collected pursuant to subdivision (a) shall be
28transferred to the State Treasury for deposit in the Clandestine
29Drug Lab Clean-up Account, as established by Section 5 of Chapter
301295 of the Statutes of 1987. The transmission to the State Treasury
31shall be carried out in the same manner as fines collected for the
32state by the county.

33

SEC. 2.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P5    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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