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AB-2296 Enhancements: concentrated cannabis.(2023-2024)

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Date Published: 02/12/2024 09:00 PM
AB2296:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2296

Introduced by Assembly Member Villapudua

February 12, 2024

An act to amend Section 11379.7 of the Health and Safety Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2296, as introduced, Villapudua. Enhancements: concentrated cannabis.
Existing law makes it a felony for a person to, among other things, manufacture, convert, or produce a controlled substance, and to possess specified chemicals with the intent to manufacture a controlled substance, as specified. Existing law imposes a sentencing enhancement for a conviction of these crimes if they involve methamphetamine or phencyclidine and the commission of the crime occurs in a structure where a child under 16 years of age is present or causes a child under 16 years of age to suffer great bodily injury, as specified.
This bill would additionally authorize this sentencing enhancement to be applied for a conviction of these crimes if they involve concentrated cannabis and the commission of the crime occurs in a structure where a child under 16 years of age is present or causes a child under 16 years of age to suffer great bodily injury, as specified. By creating a new sentencing enhancement, 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 11379.7 of the Health and Safety Code is amended to read:

11379.7.
 (a)  Except as provided in subdivision (b), any a person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine concentrated cannabis, methamphetamine, or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has they have been convicted, be punished by an additional term of two years in the state prison.
(b)  Any A person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine concentrated cannabis, methamphetamine, or phencyclidine, where the commission of the crime causes any a child under 16 years of age to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has they have been convicted, be punished by an additional term of five years in the state prison.
(c)  As used in this section, “structure” means any a house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment.
(d)  As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7 of the Penal Code.

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.