BILL NUMBER: SB 1506 : California Senate

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1501-1550/sb_1506_bill_20120224_introduced.html

BILL NUMBER: SB 1506	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to amend Sections 11350, 11357, 11377, and 11590 of the
Health and Safety Code, relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1506, as introduced, Leno. Possession of controlled substances:
penalties.
   Existing law provides that the unlawful possession of certain
controlled substances, including, among others, cocaine, heroin, and
those classified in Schedule III, IV, or V as a narcotic drug, is a
felony punishable in a county jail for 16 months, or 2 or 3 years.
The unlawful possession of certain other controlled substances,
including, among others, concentrated cannabis, and those classified
in Schedule III, IV, or V as nonnarcotic drugs, is punishable as a
misdemeanor by imprisonment for not more than one year in a county
jail, a fine, or by both imprisonment and fine, or as a felony by
imprisonment in a county jail for 16 months or 2 or 3 years.
   This bill would make the unlawful possession of any of those
substances a misdemeanor punishable by imprisonment in a county jail
for not more than one year.
   Existing law requires a person who is convicted of specified
controlled substance offenses to register with the law enforcement
agency of a city, county, or city and county within 30 days of
becoming a resident of that city, county, or city and county.
   This bill would exclude certain misdemeanor offenses from the
offenses that require a person to register, including a misdemeanor
conviction for unlawful possession of concentrated cannabis.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11350 of the Health and Safety Code is amended
to read:
   11350.  (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c)  of  , or paragraph (1) of
subdivision (f) of  ,  Section 11054, specified in paragraph
(14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or specified in
subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, unless
upon the written prescription of a physician, dentist, podiatrist,
or veterinarian licensed to practice in this state, shall be punished
by imprisonment  pursuant to subdivision (h) of Section 1170
of the Penal Code   in a county jail for not more than
one year  .
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in a county jail
for not more than one year or pursuant to subdivision (h) of Section
1170 of the Penal Code.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with 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 no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this
subdivision.
   (d)  Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
   (1)  For a first offense under this section, a fine of at least
one thousand dollars ($1,000) or community service.

   (2)  For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.

   (3)  If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.
  SEC. 2.  Section 11357 of the Health and Safety 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   the  fine and imprisonment
, or shall be punished by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code  .
   (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 an infraction punishable by a fine of not more than one
hundred dollars ($100).
   (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 a 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   the
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 a
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.
  SEC. 3.  Section 11377 of the Health and Safety Code is amended to
read:
   11377.  (a) Except as authorized by law and as otherwise provided
in subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year  or pursuant to subdivision (h) of
Section 1170 of the Penal Code  .
   (b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
   (2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
   (3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
   (4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
   (c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), 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 no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.
  SEC. 4.  Section 11590 of the Health and Safety Code, as amended by
Section 2 of Chapter 1417 of the Statutes of 1990, is amended to
read:
   11590.  (a)  (1)    Except as provided in
subdivisions (c) and (d), any person who is convicted in the State of
California of any offense defined in Section 11350, 11351, 11351.5,
11352, 11353, 11353.5, 11353.7, 11354, 11355,  11357,
 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6,
11368, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5,
11383, or 11550,  or subdivision (a) of Section 11377,
 or any person who is discharged or paroled from a penal
institution where he or she was confined because of the commission of
any such offense, or any person who is convicted in any other state
of any offense which, if committed or attempted in this state, would
have been punishable as one or more of the above-mentioned offenses,
shall within 30 days of his or her coming into any county or city, or
city and county in which he or she resides or is temporarily
domiciled for that length of time, register with the chief of police
of the city in which he or she resides or the sheriff of the county
if he or she resides in an unincorporated area.
    (2)    For persons convicted of an offense
defined in Section  11377,  11378, 11379, or 11380,
this subdivision shall apply only to offenses involving controlled
substances specified in paragraph (12) of subdivision (d) of Section
11054 and paragraph (2) of subdivision (d) of Section 11055, and to
analogs of these substances, as defined in Section 11401. For persons
convicted of an offense defined in Section 11379 or 11379.5, this
subdivision shall not apply if the conviction was for transporting,
offering to transport, or attempting to transport a controlled
substance.
   (b) Any person who is convicted in any federal court of any
offense which, if committed or attempted in this state would have
been punishable as one or more of the offenses enumerated in
subdivision (a) shall within 30 days of his or her coming into any
county or city, or city and county in which he or she resides or is
temporarily domiciled for that length of time, register with the
chief of police of the city in which he or she resides or the sheriff
of the county if he or she resides in an unincorporated area.
   (c) This section does not apply to a conviction of a misdemeanor
under Section  11357,  11360  , or 11377
 .
   (d) The registration requirements imposed by this section for the
conviction of offenses defined in Section 11353.7, 11366.5, 11366.6,
 11377,  11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, shall apply to any person who commits any
of those offenses on and after January 1, 1990.
  SEC. 5.  Section 11590 of the Health and Safety Code, as amended by
Section 1 of Chapter 714 of the Statutes of 1995, is amended to
read:
   11590.  (a)  (1)    Except as provided in
subdivisions (c) and (d), any person who is convicted in the State of
California of any offense defined in Section 11350, 11351, 11351.5,
11352, 11353, 11353.5, 11353.7, 11354, 11355,  11357,
 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6,
11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380,
11380.5, 11383, or 11550,  or subdivision (a) of Section
11377,  or any person who is discharged or paroled from a
penal institution where he or she was confined because of the
commission of any such offense, or any person who is convicted in any
other state of any offense which, if committed or attempted in this
state, would have been punishable as one or more of the
above-mentioned offenses, shall within 30 days of his or her coming
into any county or city, or city and county in which he or she
resides or is temporarily domiciled for that length of time, register
with the chief of police of the city in which he or she resides or
the sheriff of the county if he or she resides in an unincorporated
area.
    (2)    For persons convicted of an offense
defined in Section  11377,  11378, 11379, or 11380,
this subdivision shall apply only to offenses involving controlled
substances specified in paragraph (12) of subdivision (d) of Section
11054 and paragraph (2) of subdivision (d) of Section 11055, and to
analogs of these substances, as defined in Section 11401. For persons
convicted of an offense defined in Section 11379 or 11379.5, this
subdivision shall not apply if the conviction was for transporting,
offering to transport, or attempting to transport a controlled
substance.
   (b) Any person who is convicted in any federal court of any
offense which, if committed or attempted in this state would have
been punishable as one or more of the offenses enumerated in
subdivision (a) shall, within 30 days of his or her coming into any
county or city, or city and county, in which he or she resides or is
temporarily domiciled for that length of time, register with the
chief of police of the city in which he or she resides or the sheriff
of the county if he or she resides in an unincorporated area.
   (c) This section does not apply to a conviction of a misdemeanor
under Section  11357,  11360  , or 11377
 .
   (d) The registration requirements imposed by this section for the
conviction of offenses defined in Section 11353.7, 11366.5, 11366.6,
11370.1,  11377,  11378, 11378.5, 11379, 11379.5,
11379.6, 11380, 11380.5, or 11383, shall apply to any person who
commits any of those offenses on and after January 1, 1990.