Today's Law As Amended

PDF |Add To My Favorites | print page

SB-1323 Controlled substances: fentanyl.(2015-2016)



SECTION 1.

 Section 11370.4 of the Health and Safety Code is amended to read:

11370.4.
 (a)  Any (1)  A  person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, fentanyl,  cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:
(1) (A)   Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2) (B)   Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3) (C)   Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4) (D)   Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5) (E)   Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(6) (F)   Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2)  The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(b)  Any (1)  A  person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:
(1) (A)   Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(2) (B)   Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3) (C)   Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4) (D)   Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2)  In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3)  The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c)  The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl,  cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d)  The additional terms provided in this section shall be in addition to any other punishment provided by law.
(e)  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.

SEC. 2.

 Section 11372 of the Health and Safety Code is amended to read:

11372.
 (a)  In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial court may impose a fine not exceeding twenty thousand dollars ($20,000) for each offense. In no event shall a fine be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses.
(b)  Any person receiving an additional term pursuant to subparagraph (A) of  paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense.
(c)  Any person receiving an additional term pursuant to paragraph (2) subparagraph (B) of paragraph (1)  of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense.
(d)  Any person receiving an additional term pursuant to paragraph (3) subparagraph (C) of paragraph (1)  of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed eight million dollars ($8,000,000) for each offense.
(e)  The court shall make a finding, prior to the imposition of the fines authorized by subdivisions (b) to (e), inclusive, that there is a reasonable expectation that the fine, or a substantial portion thereof, could be collected within a reasonable period of time, taking into consideration the defendant’s income, earning capacity, and financial resources.
SEC. 3.
 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.