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

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Date Published: 02/12/2019 09:00 PM
AB484:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 484


Introduced by Assembly Member Jones-Sawyer

February 12, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 484, as introduced, 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.
 Any 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 shall, may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence shall may be imposed in every case where in which probation has been granted, except that the court may, in an unusual case where the interests of justice would best be served, absolve a person from spending the 180-day sentence in the county jail if the court specifies on the record and enters into the minutes, the circumstances indicating that the interests of justice would best be served by that disposition. granted.