Bill Text: CA AB2309 | 2013-2014 | Regular Session | Chaptered
Bill Title: Controlled substances: possession: deferred entry of judgment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 471, Statutes of 2014. [AB2309 Detail]
Download: California-2013-AB2309-Chaptered.html
BILL NUMBER: AB 2309 CHAPTERED
BILL TEXT
CHAPTER 471
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member Brown
FEBRUARY 21, 2014
An act to amend Section 1000 of the Penal Code, relating to
controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2309, Brown. Controlled substances: possession: deferred entry
of judgment.
Existing law provides that entry of judgment may be deferred with
respect to a defendant who is charged with certain crimes involving
possession of controlled substances and who meets certain criteria,
including that he or she has no prior convictions for any offense
involving controlled substances and has had no felony convictions
within the 5 years prior, as specified. Existing law requires the
prosecuting attorney to review his or her file to determine whether
or not these criteria apply to the defendant.
This bill would add possession of Chlordiazepoxide, Clonazepam,
Clorazepate, Diazepam, Flurazepam, Lorazepam, Mebutamate, Oxazepam,
Prazepam, Temazepam, Halazepam, Alprazolam, Propoxyphene,
Diethylpropion, Phentermine, Pemoline, Fenfluramine, and Triazolam
without a prescription to the list of violations to which these
provisions apply.
By increasing the duties of a local prosecutor in regard to
determining whether a defendant charged with these types of
controlled substance offenses qualifies for deferred entry of
judgment, this bill would impose a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1000 of the Penal Code is amended to read:
1000. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section
11375, Section 11377, or Section 11550 of the Health and Safety Code,
or subdivision (b) of Section 23222 of the Vehicle Code, or Section
11358 of the Health and Safety Code if the marijuana planted,
cultivated, harvested, dried, or processed is for personal use, or
Section 11368 of the Health and Safety Code if the narcotic drug was
secured by a fictitious prescription and is for the personal use of
the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4060 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
offense.
(2) The offense charged did not involve a crime of violence or
threatened violence.
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the superior court, or a
judge designated by the presiding judge, this procedure shall be
completed as soon as possible after the initial filing of the
charges. If the defendant is found eligible, the prosecuting attorney
shall file with the court a declaration in writing or state for the
record the grounds upon which the determination is based, and shall
make this information available to the defendant and his or her
attorney. This procedure is intended to allow the court to set the
hearing for deferred entry of judgment at the arraignment. If the
defendant is found ineligible for deferred entry of judgment, the
prosecuting attorney shall file with the court a declaration in
writing or state for the record the grounds upon which the
determination is based, and shall make this information available to
the defendant and his or her attorney. The sole remedy of a defendant
who is found ineligible for deferred entry of judgment is a
postconviction appeal.
(c) All referrals for deferred entry of judgment granted by the
court pursuant to this chapter shall be made only to programs that
have been certified by the county drug program administrator pursuant
to Chapter 1.5 (commencing with Section 1211) of Title 8, or to
programs that provide services at no cost to the participant and have
been deemed by the court and the county drug program administrator
to be credible and effective. The defendant may request to be
referred to a program in any county, as long as that program meets
the criteria set forth in this subdivision.
(d) Deferred entry of judgment for a violation of Section 11368 of
the Health and Safety Code shall not prohibit any administrative
agency from taking disciplinary action against a licensee or from
denying a license. Nothing in this subdivision shall be construed to
expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in
this section may be required to undergo analysis of his or her urine
for the purpose of testing for the presence of any drug as part of
the program. However, urine analysis results shall not be admissible
as a basis for any new criminal prosecution or proceeding.
SEC. 2. 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.
