Amended
IN
Assembly
May 06, 2020 |
Introduced by Assembly Member Jones-Sawyer |
February 05, 2020 |
(a) A person who has management or control of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) A person who has management or control of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who
knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of 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, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(c) A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four
years.
(d)A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation.
(e)For the purposes of this section, “excessive profits” means the receipt of consideration of a value substantially higher than fair market value.