Bill Text: CA AB2492 | 2013-2014 | Regular Session | Chaptered
Bill Title: Controlled substances: sentencing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 819, Statutes of 2014. [AB2492 Detail]
Download: California-2013-AB2492-Chaptered.html
BILL NUMBER: AB 2492 CHAPTERED
BILL TEXT
CHAPTER 819
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY MAY 29, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 21, 2014
An act to amend Section 11550 of the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2492, Jones-Sawyer. Controlled substances: sentencing.
Existing law prohibits a person from using or being under the
influence of certain controlled substances, except as specified. A
person convicted of violating this prohibition is guilty of a
misdemeanor and the court is required to sentence the person to not
less than 90 days or more than one year in a county jail. The court
is authorized to place a person convicted under this provision on
probation for not more than 5 years, and the court is required, as a
condition of granting probation, to order the person to serve at
least 90 days in a county jail. The court is prohibited, except with
regards to specified drug treatment provisions, from absolving a
person convicted under this provision from serving at least 90 days
in a county jail.
This bill would delete the requirement that a person convicted
under this provision serve at least 90 days in a county jail, and
would delete the requirement that, as a condition of granting
probation, the person serve at least 90 days in a county jail. The
bill would make additional conforming changes. The bill would also
authorize the court to grant probation for not more than 5 years in
addition to any jail sentence imposed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11550 of the Health and Safety Code is amended
to read:
11550. (a) A person shall not use, or be under the influence of
any controlled substance that is (1) specified in subdivision (b),
(c), or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. A person convicted of violating this subdivision is guilty
of a misdemeanor and shall be sentenced to serve a term of not more
than one year in a county jail. The court may also place a person
convicted under this subdivision on probation for a period not to
exceed five years.
(b) (1) A person who is convicted of violating subdivision (a)
when the offense occurred within seven years of that person being
convicted of two or more separate violations of that subdivision, and
refuses to complete a licensed drug rehabilitation program offered
by the court pursuant to subdivision (c), shall be punished by
imprisonment in a county jail for not less than 180 days nor more
than one year. In no event does the court have the power to absolve a
person convicted of a violation of subdivision (a) who is punishable
under this subdivision from the obligation of spending at least 180
days in confinement in a county jail unless there are no licensed
drug rehabilitation programs reasonably available.
(2) For the purpose of this section, a drug rehabilitation
program is not reasonably available unless the person is not required
to pay more than the court determines that he or she is reasonably
able to pay in order to participate in the program.
(c) (1) The court may, when it would be in the interest of
justice, permit a person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug
rehabilitation program in lieu of part or all of the imprisonment in
a county jail. As a condition of sentencing, the court may require
the offender to pay all or a portion of the drug rehabilitation
program.
(2) In order to alleviate jail overcrowding and to provide
recidivist offenders with a reasonable opportunity to seek
rehabilitation pursuant to this subdivision, counties are encouraged
to include provisions to augment licensed drug rehabilitation
programs in their substance abuse proposals and applications
submitted to the state for federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against a
person who violates this section, with the proceeds of this fine to
be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant's ability
to pay, and a defendant shall not be denied probation because of his
or her inability to pay the fine permitted under this subdivision.
(e) (1) Notwithstanding subdivisions (a) and (b) or any other
law, a person who is unlawfully under the influence of cocaine,
cocaine base, heroin, methamphetamine, or phencyclidine while in the
immediate personal possession of a loaded, operable firearm is guilty
of a public offense punishable by imprisonment in a county jail for
not exceeding one year or in state prison.
(2) As used in this subdivision "immediate personal possession"
includes, but is not limited to, the interior passenger compartment
of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon
the second and each subsequent conviction by imprisonment in the
state prison for two, three, or four years.
(g) This section does not prevent deferred entry of judgment or a
defendant's participation in a preguilty plea drug court program
under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2
of the Penal Code unless the person is charged with violating
subdivision (b) or (c) of Section 243 of the Penal Code. A person
charged with violating this section by being under the influence of
any controlled substance which is specified in paragraph (21), (22),
or (23) of subdivision (d) of Section 11054 or in paragraph (3) of
subdivision (e) of Section 11055 and with violating either
subdivision (b) or (c) of Section 243 of the Penal Code or with a
violation of subdivision (e) shall be ineligible for deferred entry
of judgment or a preguilty plea drug court program.
