Controlled substances: sentencing.
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AB 858 — Controlled substances: sentencing.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law subjects a person who possesses for sale certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 16 months, 2 years, or 3 years, as specified. This bill would, instead, subject any person who possesses for sale methamphetamine or its salts and isomers to imprisonment in the state prison for 2, 3, or 4 years. Existing law subjects a 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 certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 2, 3, or 4 years, as specified. This bill would, instead, subject any 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 methamphetamine or its salts and isomers, to imprisonment in the state prison for 3, 4, or 5 years. Under existing law, persons convicted of certain offenses may be granted probation. This bill would provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation. That minimum sentence would be required to be imposed in every case unless the court finds that it is in the interest of justice not to impose that sentence, and states on the record the circumstances indicating why justice would be served by not imposing that minimum jail sentence. Because this bill would increase the punishment for an existing crime, it 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.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/26/09 - Introduced Current pdf February 26, 2009
- AB858 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Reconsideration granted.
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In committee: Set, first hearing. Failed passage.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 29.
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Read first time. To print.
Sponsors
- Gilmore · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Gilmore
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 5 |
| Total | 2 | 0 | 0 | 5 |
| % of votes cast | 29% | 0% | 0% | 71% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Furutani | — | Not Voting |
| Hagman | — | Yea |
| Hill | — | Not Voting |
| Solorio | — | Not Voting |
| Ma | — | Not Voting |
| Skinner | — | Not Voting |
| Gilmore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Furutani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Hill | — | Yea |
| Solorio | — | Yea |
| Ma | — | Yea |
| Skinner | — | Yea |
Subjects
Frequently asked questions
- What does AB 858 do?
- Existing law subjects a person who possesses for sale certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 16 months, 2 years, or 3 years, as specified. This bill would, instead, subject any person who possesses for sale methamphetamine or its salts and isomers to imprisonment in the state prison for 2, 3, or 4 years. Existing law subjects a 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 certain specified controlled substances, including methamphetamine and its salts and isomers, to imprisonment in the state prison for 2, 3, or 4 years, as specified. This bill would, instead, subject any 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 methamphetamine or its salts and isomers, to imprisonment in the state prison for 3, 4, or 5 years. Under existing law, persons convicted of certain offenses may be granted probation. This bill would provide that any person convicted of selling methamphetamine who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation. That minimum sentence would be required to be imposed in every case unless the court finds that it is in the interest of justice not to impose that sentence, and states on the record the circumstances indicating why justice would be served by not imposing that minimum jail sentence. Because this bill would increase the punishment for an existing crime, it 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.
- Who sponsors AB 858?
- AB 858 is sponsored by Gilmore.
- What is the current status of AB 858?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 858?
- Track AB 858 free on One Click Politics — get push/email alerts when it moves.
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