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AB-1511 Sentencing enhancements: property loss.(2017-2018)

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Date Published: 01/03/2018 02:25 PM
AB1511:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1511


Introduced by Assembly Member Low

February 17, 2017


An act to amend Section 11351 of the Health and Safety Code, relating to controlled substances. An act to add and repeal Section 12022.6 of the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1511, as amended, Low. Controlled substances. Sentencing enhancements: property loss.
State law, repealed as of January 1, 2018, required a court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of one year if the property loss exceeded $65,000, an additional term of imprisonment of 2 years if the property loss exceeded $200,000, an additional term of imprisonment of 3 years if the property loss exceeded $1,300,000, or an additional term of imprisonment of 4 years if the property loss exceeded $3,200,000.
This bill would require the court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of one year if the property loss exceeds $75,000, an additional term of imprisonment of 2 years if the property loss exceeds $235,000, an additional term of imprisonment of 3 years if the property loss exceeds $1,500,000, or an additional term of imprisonment of 4 years if the property loss exceeds $3,700,000. The bill would declare the intent of the Legislature that these penalties be reviewed within 10 years to consider the effects of inflation on the additional terms imposed and would repeal these provisions on January 1, 2027.
Because this bill would increase the penalty for existing felonies, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law makes a person who possesses for sale or purchases for sale, certain controlled substances, including, among others, opiates and mescaline, guilty of a crime and subject to imprisonment for 2, 3, or 4 years, as specified.

This bill would describe circumstances indicating that a person possesses for sale a controlled substance for purposes of that provision, including the separation of the controlled substance into multiple bags or containers and the use of minors as lookouts or couriers. By changing the definition of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 12022.6 is added to the Penal Code, to read:

12022.6.
 (a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, the court shall impose an additional term as follows:
(1) If the property loss exceeds seventy-five thousand dollars ($75,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of one year.
(2) If the property loss exceeds two hundred thirty-five thousand dollars ($235,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of two years.
(3) If the property loss exceeds one million five hundred thousand dollars ($1,500,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of three years.
(4) If the property loss exceeds three million seven hundred thousand dollars ($3,700,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of four years.
(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, the additional terms provided in this section may be imposed if the aggregate losses to the victims from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts of the taking, damage, or destruction in excess of the amounts provided in this section are charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(d) This section applies to, but is not limited to, property taken, damaged, or destroyed in violation of Section 502 or subdivision (b) of Section 502.7. This section shall also apply to applicable prosecutions for a violation of Section 350, 653h, 653s, or 653w.
(e) For the purposes of this section, the term “loss” has the following meanings:
(1) When counterfeit items of computer software are manufactured or possessed for sale, the “loss” from the counterfeiting of those items shall be equivalent to the retail price or fair market value of the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the “loss” from the counterfeiting of those components of computer software packages shall be equivalent to the retail price or fair market value of the number of completed computer software packages that could have been made from those components.
(f) It is the intent of the Legislature that the penalties of this section be reviewed within 10 years to consider the effects of inflation on the additional terms imposed. For that reason this section shall remain in effect only until January 1, 2027, and as of that date is repealed unless a later enacted statute, which is enacted before January 1, 2027, deletes or extends that date.

SEC. 2.

  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.
SECTION 1.Section 11351 of the Health and Safety Code is amended to read:
11351.

(a)Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) 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, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

(b)For purposes of this section, circumstances indicating that a person possesses for sale a controlled substance may include, but are not limited to, the following:

(1)Presence of a scale.

(2)Separation of the controlled substance into multiple bags or containers.

(3)Presence of a sale ledger.

(4)Evidence developed by an officer during an investigation.

(5)Witness testimony.

(6)Use of minors as lookouts or couriers.

SEC. 2.

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.