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BILL NUMBER: SB 273 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 3, 2000
INTRODUCED BY Senator Knight
FEBRUARY 1, 1999
An act to amend Section 11357 11353.6
of the Health and Safety Code, relating to marijuana
drug offenders .
LEGISLATIVE COUNSEL'S DIGEST
SB 273, as amended, Knight. Marijuana: increased fine
for possession Drug offenders: enhancements .
(1) Existing law provides that every person 18 years of age or
older who is convicted of specified felonies including possessing for
sale, transporting for sale or selling, or manufacturing cocaine
base, of possessing, transporting for sale or selling, or
manufacturing heroin, or of possessing, transporting for sale or
selling, or manufacturing methamphetamine, or of conspiracy to commit
one of these offenses, where the violation takes place upon the
grounds of or within 1,000 feet of specified public and private
schools, as defined, during operating hours or other times when
minors are present, shall receive an additional punishment of
incarceration in the state prison for 3, 4, or 5 years at the court's
discretion. Existing law also provides that where the violation
involves a minor who is at least 4 years younger than the defendant,
the defendant shall receive a full and separately served enhancement
of 3, 4, or 5 years at the court's discretion.
This bill would expand the list of drug crimes subject to these
enhancements to include specified offenses involving the possession,
transportation, and sale of opiates and opiate derivatives,
mescaline, peyote, hashish, and all schedule III, IV, and V
narcotics, marijuana cultivation, the possession, transportation, and
sale of marijuana, and the possession or manufacture of
methamphetamine or PCP, as well as the possession, transportation or
sale of the chemical precursors for PCP and methamphetamine. This
bill would also expand the applicability of these enhancements to
apply to attempted commission of these crimes. The bill would delete
the definition of "within 1,000 feet of" specified schools, would no
longer provide that the term of the enhancement shall be at the
court's discretion, and would delete the requirement that the offense
occur during hours that the school is open for classes or at any
time when minors are present in order for the enhancement to apply to
these crimes. By increasing the penalties for existing offenses,
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.
Existing law generally provides that every person who possesses
not more than 28.5 grams of marijuana, other than concentrated
cannabis, is guilty of a misdemeanor and shall be punished by a fine
of not more than $100.
This bill would increase the fine for the above offense to $1,000.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11357 of the Health and Safety
SECTION 1. Section 11353.6 of the Health and Safety Code is
amended to read:
11353.6. (a) This section shall be known, and may be cited, as
the Juvenile Drug Trafficking and Schoolyard Act of 1988.
(b) Any person 18 years of age or over who is convicted of a
violation of subdivision (a) of Section 11360, or of
Section 11351, 11351.5, 11352, 11358, 11359, 11378,
11378.5 11379, 11379.5, or 11379.6,
as those sections apply to paragraph (1) of subdivision (f) of
Section 11054, or of Section 11351, 11352, or 11379.6, as those
sections apply to paragraph (11) of subdivision (c) of Section 11054,
or of Section 11378, 11379, or 11379.6, as those sections apply to
paragraph (2) of subdivision (d) of Section 11055, or
11383, or of a conspiracy to commit one of those offenses,
or of an attempt to commit one of those offenses, where the
violation 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, shall receive an
additional punishment of 3, 4 three, four
, or 5 five years at the
court's discretion .
(c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is
at least four years younger than that person, as a full and
separately served enhancement to that provided in subdivision (b),
shall be punished by imprisonment in the state prison for 3,
4 three, four , or 5
five years at the court's discretion .
(d) The additional terms provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
(e) The additional terms provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
(f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
(g) "Within 1,000 feet of a public or private elementary,
vocational, junior high, or high school" means any public area or
business establishment where minors are legally permitted to conduct
business which is located within 1,000 feet of any public or private
elementary, vocational, junior high, or high school.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Code is amended to read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one thousand dollars ($1,000). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not
be subject to the fine specified in this subdivision. If no
community program will accept him, the person shall be subject to the
fine specified in this subdivision. In any case in which a person
is arrested for a violation of this subdivision and does not demand
to be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
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