BILL NUMBER: SB 212	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 28, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 11, 2015

   An act to amend Section 11379.6 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 212, as amended, Mendoza. Controlled substances: factors in
aggravation.
   Existing law makes it a felony, punishable by imprisonment in a
county jail for 3, 5, or 7 years, to manufacture, compound, convert,
produce, derive, process, or prepare by chemical extraction, or by
means of chemical synthesis, any controlled substance. Existing law
requires the sentencing court to consider the fact that a person
under 16 years of age resided in a structure in which a violation of
these provisions occurred as a factor in aggravation.
   This bill would  require   specifically
authorize  the sentencing court to consider the fact that a
violation involving methamphetamine occurred within 200 feet of an
occupied residence as a factor in aggravation. The bill would also
 require   specifically authorize  the
sentencing court to consider the fact that a violation of this
section involving the use of a volatile solvent to chemically extract
concentrated cannabis occurred within 300 feet of an occupied
residence as a factor in aggravation.  By increasing the
punishment for 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
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11379.6 of the Health and Safety Code is
amended to read:
   11379.6.  (a) Except as otherwise provided by law, every person
who manufactures, compounds, converts, produces, derives, processes,
or prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, five, or seven years and by
a fine not exceeding fifty thousand dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) The fact that a violation of this section involving
methamphetamine occurred within 200 feet of an occupied residence or
any structure where another person was present at the time the
offense was committed  shall   may  be
considered a factor in aggravation by the sentencing court.
   (d) The fact that a violation of this section involving the use of
a volatile solvent to chemically extract concentrated cannabis
occurred within 300 feet of an occupied residence or any structure
where another person was present at the time the offense was
committed  shall   may  be considered a
factor in aggravation by the sentencing court.
   (e) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for three, four, or five years.
   (f) All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987. The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county. 
  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.