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AB-313 Controlled substances: minors.(1993-1994)

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Assembly Bill No. 313
CHAPTER 586

An act to add Section 11353.4 to the Health and Safety Code, relating to controlled substances.

[ Filed with Secretary of State  October 01, 1993. Approved by Governor  September 28, 1993. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 313, Ferguson. Controlled substances: minors.
Existing law provides that every person 18 years of age or over who engages in specified controlled substance offenses involving a minor and specified controlled substances, including cocaine base, shall be punished by imprisonment in the state prison for 3, 6, or 9 years.
This bill would provide, in addition, that any person 18 years of age or older who is convicted for a 2nd or subsequent time of violating the above provision with respect to cocaine base, where the previous conviction resulted in a prison sentence, shall, as a full and separately served enhancement to the punishment imposed for the 2nd or subsequent conviction, be punished by imprisonment in the state prison for 1, 2, or 3 years. The bill would further provide that if the 2nd or subsequent violation, as described above, involved a minor who is 14 years of age or younger, the defendant shall, as a full and separately served enhancement, be punished by imprisonment in the state prison for 1, 2, or 3 years, at the discretion of the court.

The people of the State of California do enact as follows:


SECTION 1.

 Section 11353.4 is added to the Health and Safety Code, to read:

11353.4.
 (a)  Any person 18 years of age or older who is convicted for a second or subsequent time of violating Section 11353, as that section applies to paragraph (1) of subdivision (f) of Section 11054, where the previous conviction resulted in a prison sentence, shall, as a full and separately served enhancement to the punishment imposed for that second or subsequent conviction of Section 11353, be punished by imprisonment in the state prison for one, two, or three years.
(b)  If the second or subsequent violation of Section 11353, as described in subdivision (a), involved a minor who is 14 years of age or younger, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this section, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court.
(c)  The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d)  The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law.
(e)  Notwithstanding any other provision of law, the court may strike the additional punishment provided for 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.