Bill Text: CA AB1905 | 2011-2012 | Regular Session | Amended

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Bill Title: Controlled substances: transporting and distribution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1905 Detail]

Download: California-2011-AB1905-Amended.html

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BILL NUMBER: AB 1905	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 22, 2012

   An act to amend Section  2727.5 of the Business and
Professions Code   11379 of the Health and Safety Code
 , relating to  nursing   controlled
substances  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1905, as amended, Logue.  Nursing.  
Controlled substances: transporting and distribution.  
   Existing law provides that a felony is a crime that is punishable
by death, by imprisonment in the state prison, or notwithstanding any
other provision of law, by imprisonment in a county jail for more
than one year. Existing law provides generally that felonies are
punishable by imprisonment in a county jail for 16 months, or 2 or 3
years. Existing law provides exceptions to imprisonment in a county
jail for a variety of felonies, including serious and violent
felonies, as defined.  
   Existing law makes it a felony to import into the state, or
transport or distribute within the state, controlled substances, as
defined, unless upon the prescription of a specified medical
professional, including a physician or dentist. Existing law
prescribes the punishment for a violation of these provisions as
imprisonment in a county jail for a specified term.  
   This bill would instead require imprisonment in the state prison
for a violation of these provisions relating to controlled
substances.  
   Existing law, the Nursing Practice Act, prohibits a person from
engaging in the practice of nursing without holding a license which
is in an active status issued by the Board of Registered Nursing.
 
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION   1.    Section 11379 of the 
 Health and Safety Code   is amended to read: 
   11379.  (a) Except as otherwise provided in subdivision (b) and in
Article 7 (commencing with Section 4211) of Chapter 9 of Division 2
of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f), of
Section 11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment  pursuant to subdivision
(h) of Section 1170 of the Penal Code   in the state
prison  for a period of two, three, or four years.
   (b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment 
pursuant to subdivision (h) of Section 1170 of the Penal Code
  in the state prison  for three, six, or nine
years. 
  SECTION 1.    Section 2727.5 of the Business and
Professions Code is amended to read:
   2727.5.  A person licensed under this chapter who in good faith
renders emergency care at the scene of an emergency that occurs
outside both the place and the course of that person's employment
shall not be liable for any civil damages as the result of acts or
omissions by that person in rendering the emergency care.
   This section shall not grant immunity from civil damages when the
person is grossly negligent.