BILL NUMBER: SB 212	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 11, 2015

   An act to amend Section  11353.6   11379.6
 of the Health and Safety Code, relating to controlled
substances.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 212, as amended, Mendoza. Controlled substances: 
enhanced penalties.   factors in aggravation. 

   Existing law, the Juvenile Drug Trafficking and Schoolyard Act of
1988, provides that any person 18 years of age or over who is
convicted of specified drug offenses is subject to an additional
punishment of 3, 4, or 5 years imprisonment, at the court's
discretion, where the offense takes place upon the grounds of, or
within 1,000 feet of, a public or private elementary, vocational,
junior high, or high school during hours that the school is open for
classes or school-related programs, or at any time when minors are
using the facility where the offense occurs. Existing law defines
"within 1,000 feet of a public or private elementary, vocational,
junior high, or high school," as a public area or business
establishment where minors are legally permitted to conduct business
that is located within 1,000 feet of a public or private elementary,
vocational, junior high, or high school.  
   This bill would include a public or private preschool within the
provisions described above. The bill would define "preschool" as a
school for children under 6 years of age. The bill would delete the
definition of "within 1,000 feet a public or private elementary,
vocational, junior high, or high school" described above, and instead
define "within 1,000 feet of a public or private preschool,
elementary, vocational, junior high, or high school" as a public or
private area that is located within 1,000 feet of a public or private
preschool, elementary, vocational, junior high, or high school. By
expanding the scope of an existing crime, the bill would impose a
state-mandated local program.  
   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 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 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 11353.6 of the Health and
Safety Code is amended to read:
   11353.6.  (a)  This section shall be known, and may be cited, as
the Juvenile Drug Trafficking and Schoolyard Act of 1988.
   (b)  Any person 18 years of age or over who is convicted of a
violation of Section 11351.5, 11352, or 11379.6, as those sections
apply to paragraph (1) of subdivision (f) of Section 11054, or of
Section 11351, 11352, or 11379.6, as those sections apply to
paragraph (11) of subdivision (c) of Section 11054, or of Section
11378, 11379, or 11379.6, as those sections apply to paragraph (2) of
subdivision (d) of Section 11055, or of a conspiracy to commit one
of those offenses, where the violation takes place upon the grounds
of, or within 1,000 feet of, a public or private preschool,
elementary, vocational, junior high, or high school during hours that
the school is open for classes or school-related programs, or at any
time when minors are using the facility where the offense occurs,
shall receive an additional punishment of three, four, or five years
at the court's discretion.
   (c)  Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is
at least four years younger than that person, as a full and
separately served enhancement to that provided in subdivision (b),
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, four, or five years at the
court's discretion.
   (d)  The additional terms provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
   (e)  The additional terms provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (f)  Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
   (g) For purposes of this section, the following definitions shall
apply:
   (1) "Preschool" means a school for children under six years of
age.
   (2) "Within 1,000 feet of a public or private preschool,
elementary, vocational, junior high, or high school" means a public
or private area that is located within 1,000 feet of a public or
private preschool, elementary, vocational, junior high, or high
school. 
   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 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 be considered a factor in aggravation by the
sentencing court.  
   (c) 
    (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.

   (d) 
    (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.