Today's Law As Amended

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SB-1103 Controlled substances: fentanyl.(2017-2018)



SECTION 1.

 Section 11370.5 is added to the Health and Safety Code, to read:

11370.5.
 (a) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl, may receive an additional term as follows:
(A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(F) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements authorized by 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) The additional terms authorized by this section shall not be imposed unless the allegation that the weight of the substance containing fentanyl 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.
(c) The additional terms authorized by this section may be in addition to any other punishment provided by law.

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  A fine shall not  be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses.
(b)  Any A  person receiving an additional term pursuant to paragraph (1) of subdivision (a) of Section 11370.4,  11370.4 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 11370.5  may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense.
(c)  Any A  person receiving an additional term pursuant to paragraph (2) of subdivision (a) of Section 11370.4,  11370.4 or subparagraph (B) of paragraph (1) of subdivision (a) of Section 11370.5  may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense.
(d)  Any A  person receiving an additional term pursuant to paragraph (3) of subdivision (a) of Section 11370.4,  11370.4 or subparagraph (C) of paragraph (1) of subdivision (a) of Section 11370.5  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) (a)  to (e), (d),  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.