Bill Text: CA SB1368 | 2015-2016 | Regular Session | Introduced
Bill Title: Penalty enhancements: alcohol and drugs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1368 Detail]
Download: California-2015-SB1368-Introduced.html
BILL NUMBER: SB 1368 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 19, 2016
An act to add Section 667.87 to the Penal Code, relating to
penalty enhancements.
LEGISLATIVE COUNSEL'S DIGEST
SB 1368, as introduced, Runner. Penalty enhancements: alcohol and
drugs.
Existing law provides sentence enhancements for specified conduct,
including sex offenses involving minors, crimes against the blind,
and impersonating an officer. Existing law enumerates certain crimes
as serious felonies, including, among others, murder, mayhem, and
lewd and lascivious acts on a child under 14 years of age.
This bill would require that any person convicted of any serious
felony, as specified, receive a one-year sentence enhancement if at
the time of the offense that person was under the influence of
alcohol or a controlled substance, as specified. The bill would
require that the enhancement imposed be served consecutive to the
punishment imposed for the underlying felony. By changing the
punishment for certain crimes, 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: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 667.87 is added to the Penal Code, to read:
667.87. (a) Any person convicted of any serious felony specified
in Section 1192.7 or 1192.8 shall, in addition to any other
punishment imposed, receive a one-year sentence enhancement if at the
time of the offense that person had a blood alcohol level of .08 or
greater or was unlawfully under the influence of a controlled
substance as defined in subdivision (b). The enhancement imposed by
this subdivision shall be served consecutive to the punishment
imposed for the underlying felony.
(b) For purposes of this section, "controlled substance" means any
substance that would expose a possessor of any quantity of that
substance to a criminal prosecution.
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.
