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AB-484 Crimes: probation.(2019-2020)

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Date Published: 10/09/2019 09:00 PM
AB484:v97#DOCUMENT

Assembly Bill No. 484
CHAPTER 574

An act to amend Section 1203.076 of the Penal Code, relating to crimes.

[ Approved by Governor  October 08, 2019. Filed with Secretary of State  October 08, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 484, Jones-Sawyer. Crimes: probation.
Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.
This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1203.076 of the Penal Code is amended to read:

1203.076.
 A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.