Bill Text: CA AB1511 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1511 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Sentencing enhancements: property loss.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2018-09-30 - Vetoed by Governor. [AB1511 Detail]

Download: California-2017-AB1511-Amended.html

Amended IN Assembly March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1511

Introduced by Assembly Member Low

February 17, 2017

An act to amend Section 11351 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

AB 1511, as amended, Low. Controlled substances.

Existing law makes ~~it a felony to possess~~ a person who possesses for sale or ~~purchase~~ purchases for sale, certain controlled substances, including, among others, opiates and ~~mescaline.~~ mescaline, guilty of a crime and subject to imprisonment for 2, 3, or 4 years, as specified.

This bill would ~~make a technical, nonsubstantive change to those provisions.~~ describe circumstances indicating that a person possesses for sale a controlled substance for purposes of that provision, including the separation of the controlled substance into multiple bags or containers and the use of minors as lookouts or couriers. By changing the definition of a crime, the 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: NOYES Local Program: NOYES

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

SECTION 1.

Section 11351 of the Health and Safety Code is amended to read:

11351.

(a) Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

(b) For purposes of this section, circumstances indicating that a person possesses for sale a controlled substance may include, but are not limited to, the following:
(1) Presence of a scale.
(2) Separation of the controlled substance into multiple bags or containers.
(3) Presence of a sale ledger.
(4) Evidence developed by an officer during an investigation.
(5) Witness testimony.
(6) Use of minors as lookouts or couriers.

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.