BILL NUMBER: AB 2515 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 21, 2014
An act to amend Section 11500 11550
of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as amended, Donnelly. Controlled substances:
prosecutions for violations. Controlled substances:
sentencing.
Existing law prohibits a person from using or being under the
influence of specified controlled substances except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. A person
convicted of violating this prohibition is guilty of a misdemeanor
and the court is required to sentence the person to not less than 90
days or more than one year in a county jail. The court is authorized
to place a person convicted under this provision on probation for not
more than 5 years, and the court is required, as a condition of
granting probation, to order the person to serve at least 90 days in
a county jail. The court is prohibited, except with regards to
specified drug treatment provisions, from absolving a person
convicted under this provision from serving at least 90 days in a
county jail.
This bill would delete the requirement that a person convicted
under this provision serve at least 90 days in a county jail, and
would delete the requirement that, as a condition of granting
probation, the person serve at least 90 days in a county jail. The
bill would make additional conforming changes. The bill would
authorize the court to grant probation for not more than 5 years in
addition to any jail sentence imposed.
Existing law, the California Uniform Controlled Substances Act,
classifies controlled substances into 5 designated schedules, with
the most restrictive limitations generally placed on controlled
substances classified in Schedule I, and the least restrictive
limitations generally placed on controlled substances classified in
Schedule V. Existing law generally provides punishment for the
unauthorized use, possession, and sale of controlled substances.
Existing law requires, except as provided, the district attorney, or
his or her designee, of the county in which a violation is committed
to conduct all actions and prosecutions for the violation.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11550 of the Health
and Safety Code is amended to read:
11550. (a) No person shall use, or be under the influence of any
controlled substance which is (1) specified in subdivision (b), (c),
or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. Any person convicted of violating this subdivision is
guilty of a misdemeanor and shall be sentenced to serve a term of not
less than 90 days or more than one year in a
county jail. The court may also place a person convicted
under this subdivision on probation for a period not to exceed five
years and, except as provided in subdivision (c), shall in
all cases in which probation is granted require, as a condition
thereof, that the person be confined in a county jail for at least 90
days. Other than as provided by subdivision (c), in no event shall
the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 90 days in
confinement in a county jail .
(b) Any person who (1) is convicted of
violating subdivision (a) when the offense occurred within seven
years of that person being convicted of two or more separate
violations of that subdivision, and (2) refuses to
complete a licensed drug rehabilitation program offered by the court
pursuant to subdivision (c), shall be punished by imprisonment in a
county jail for not less than 180 days nor more than one year. In no
event does the court have the power to absolve a person convicted of
a violation of subdivision (a) that is punishable under this
subdivision from the obligation of spending at least 180 days in
confinement in a county jail unless there are no licensed drug
rehabilitation programs reasonably available.
For the purpose of this section, a drug rehabilitation program
shall not be considered reasonably available unless the person is
required to pay no more than the court determines that he or she is
reasonably able to pay, in order to participate in the program.
(c) The court may, when it would be in the interest of justice,
permit any person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug
rehabilitation program in lieu of part or all of the imprisonment in
the county jail. As a condition of sentencing, the court may require
the offender to pay all or a portion of the drug rehabilitation
program.
In order to alleviate jail overcrowding and to provide recidivist
offenders with a reasonable opportunity to seek rehabilitation
pursuant to this subdivision, counties are encouraged to include
provisions to augment licensed drug rehabilitation programs in their
substance abuse proposals and applications submitted to the state for
federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant's ability
to pay, and no defendant shall be denied probation because of his or
her inability to pay the fine permitted under this subdivision.
(e) Notwithstanding subdivisions (a) and (b) or any other
provision of law, any person who is unlawfully under the influence of
cocaine, cocaine base, heroin, methamphetamine, or phencyclidine
while in the immediate personal possession of a loaded, operable
firearm is guilty of a public offense punishable by imprisonment in a
county jail for not exceeding one year or in state prison.
As used in this subdivision "immediate personal possession"
includes, but is not limited to, the interior passenger compartment
of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon
the second and each subsequent conviction by imprisonment in the
state prison for two, three, or four years.
(g) Nothing in this section prevents deferred entry of judgment
or a defendant's participation in a preguilty plea drug court program
under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part
2 of the Penal Code unless the person is charged with violating
subdivision (b) or (c) of Section 243 of the Penal Code. A person
charged with violating this section by being under the influence of
any controlled substance which is specified in paragraph (21), (22),
or (23) of subdivision (d) of Section 11054 or in paragraph (3) of
subdivision (e) of Section 11055 and with violating either
subdivision (b) or (c) of Section 243 of the Penal Code or with a
violation of subdivision (e) shall be ineligible for deferred entry
of judgment or a preguilty plea drug court program.
SECTION 1. Section 11500 of the Health and
Safety Code is amended to read:
11500. (a) Subject to subdivision (b), the district attorney, or
his or her designee, of the county in which any violation of this
division is committed shall conduct all actions and prosecutions for
the violation.
(b) The Attorney General, or special counsel employed by the
Attorney General for that purpose, may take complete charge of the
conduct of such actions or prosecutions. The Attorney General may fix
the compensation to be paid for the service and may incur other
expenses in connection with the conduct of the actions or
prosecutions as he or she may deem necessary. An attorney employed as
special counsel shall not receive as compensation more than three
thousand five hundred dollars ($3,500) in any one year.