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SB-1345 Controlled substances: repeat offenders.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
SB1345:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1345


Introduced by Senator Newman

February 16, 2018


An act to add Section 11350.2 to the Health and Safety Code, relating to controlled substances, and calling an election, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1345, as introduced, Newman. Controlled substances: repeat offenders.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes it a misdemeanor for a person to possess specified controlled substances that are classified as narcotics. The act also makes it a misdemeanor to possess, without a prescription, specified controlled substances, including hallucinogens, stimulants, and depressants. Under the act, a person violating either of these provisions may be charged with a felony if he or she has a prior conviction for a violent offense or an offense for which registration as a sex offender is required.
The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.
This bill would amend Proposition 47 to authorize a person who has been convicted or pled guilty or nolo contendere to 2 misdemeanor violations of either of the above crimes or one violation of each within a 6-month period to be charged, upon a 3rd violation of either crime within that same 6-month period, with either a misdemeanor or a felony. The bill would authorize a person charged with a felony under these provisions to remain eligible for the diversion program for drug offenses if he or she is otherwise eligible. By increasing the penalty for a crime, this 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.
This bill would call a special election to be consolidated with the November 6, 2018, statewide general election. This bill would require the Secretary of State to submit the provision of the bill that amends the initiative statute to the electors for their approval at the November 6, 2018, consolidated election.
This bill would declare that it is to take effect immediately as an act calling an election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11350.2 is added to the Health and Safety Code, to read:

11350.2.
 (a) A person who has been convicted or pled guilty or nolo contendere to two violations of either Section 11350 or 11377 or one violation of each of those sections within a six-month period may be charged, upon a third violation of either Section 11350 or 11377 within that same six-month period, either as a misdemeanor or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) A person charged with a felony pursuant to subdivision (a) is still eligible for pretrial diversion pursuant to Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code for the third charge if he or she meets all other requirements of the pretrial diversion program.

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.

SEC. 3.

 (a) Section 1 of this act amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to, and approved by, the voters at a statewide election.
(b) A special election is hereby called, to be held throughout the state on November 6, 2018, for approval by the voters of Section 1 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used.
(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Section 1 of this act to the voters for their approval at the November 6, 2018, statewide general election.

SEC. 4.

  This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.