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AB-367 Controlled substances: enhancements.(2023-2024)

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Date Published: 03/22/2023 09:00 PM
AB367:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 367

Introduced by Assembly Member Maienschein

February 01, 2023

An act to amend amend, repeal, and add Section 12022.7 of the Penal Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 367, as amended, Maienschein. Controlled substances: enhancements.
Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.
This bill bill, until January 1, 2029, would state that, for purposes of the this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders. By expanding the scope of an existing 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 12022.7 of the Penal Code is amended to read:

12022.7.
 (a) A person who personally inflicts great bodily injury on any a person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) (1) A person who personally inflicts great bodily injury on any a person other than an accomplice in the commission of a felony or attempted felony which that causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As
(2) As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) A person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) A person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) (1) A person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As
(2) As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) (1) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(2) (A) As used in this section, a person who sells, furnishes, administers, or gives away a controlled substance fentanyl or an analog of fentanyl personally inflicts great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.
(B) This paragraph does not apply to juvenile offenders.
(g) (1) This section shall does not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions
(2) Subdivisions (a), (b), (c), and (d) shall do not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), (d) but may not impose more than one of those terms for the same offense.
(i) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.

 Section 12022.7 is added to the Penal Code, to read:

12022.7.
 (a) A person who personally inflicts great bodily injury on a person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) (1) A person who personally inflicts great bodily injury on a person other than an accomplice in the commission of a felony or attempted felony that causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(2) As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) A person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) A person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) (1) A person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.
(2) As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(g) (1) This section does not apply to murder or manslaughter or a violation of Section 451 or 452.
(2) Subdivisions (a), (b), (c), and (d) do not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under subdivision (a), (b), (c), or (d) but may not impose more than one of those terms for the same offense.
(i) This section shall become operative on January 1, 2029.

SEC. 2.SEC. 3.

 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.