California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

SB 1010 — Cocaine base: penalties.

Last action — Chaptered by Secretary of State. Chapter 749, Statutes of 2014.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2014. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 19 sponsors

    1 primary, 18 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for a period of 3, 4, or 5 years. This bill instead would provide that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for 2, 3, or 4 years. Existing law generally provides that the interest of any registered owner of a boat, airplane, or any vehicle, except as specified, that has been used to facilitate the manufacture of, or possession for sale or sale of, 14.25 grams or more of cocaine base or 28.5 grams or more of cocaine is subject to forfeiture, as specified. This bill would revise that provision to instead make property that has been used to facilitate the manufacture of, or possession for sale or sale of, 28.5 grams or more of cocaine base or cocaine subject to forfeiture. Existing law, except in unusual cases, prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale a substance containing 57 grams or more of a substance containing cocaine, 14.25 grams or more of cocaine base, or 57 grams or more of a substance containing at least 5 grams of cocaine base, and transporting or importing for sale, selling, or offering to sell cocaine base. This bill would delete those provisions and would instead prohibit, except in unusual cases, granting probation or suspending a sentence for persons convicted of possessing for sale or selling a substance containing 28.5 grams or more of cocaine base or 57 grams or more of a substance containing at least 5 grams of cocaine or cocaine base. By making additional persons eligible for probation, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 749, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Assembly amendments concurred in. (Ayes 21. Noes 13. Page 4719.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 50. Noes 19. Page 6019.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 5966.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 12. Noes 3.) (July 2).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 17). Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  13. Referred to Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 21. Noes 12. Page 3649.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 5. Noes 2. Page 3441.) (May 12).

  18. Set for hearing May 12.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2. Page 3311.) (April 29). Re-referred to Com. on APPR.

  20. Set for hearing April 29.

  21. Re-referred to Com. on PUB. S.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 16.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Ammiano · Cosponsor
  • Mitchell · Primary
  • Bocanegra · Cosponsor
  • Bradford · Cosponsor
  • Donnelly · Cosponsor
  • Eggman · Cosponsor
  • Hall · Cosponsor
  • Hancock · Cosponsor
  • Holden · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Lara · Cosponsor
  • Leno · Cosponsor
  • Quirk · Cosponsor
  • Ridley-Thomas · Cosponsor
  • Skinner · Cosponsor
  • Ting · Cosponsor
  • Weber · Cosponsor
  • Lena A. Gonzalez · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 18 co-sponsors · 103 not signed on · 6 voted No

Sponsors (1)

  • Mitchell

Co-sponsors (18)

  • Ammiano
  • Bocanegra
  • Bradford
  • Donnelly
  • Eggman
  • Hall
  • Hancock
  • Holden
  • Jones-Sawyer
  • Lara
  • Leno
  • Quirk
  • Ridley-Thomas
  • Skinner
  • Ting
  • Weber
  • Gonzalez, Lena A. Democratic
  • Mark Stone

Not signed on (103)

103 members have not signed on to this bill.

Show all 103 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1010 Mitchell Concurrence

Passed 21 Yea · 13 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 191305
Democratic 2001
Total 211306
% of votes cast 53%33%0%15%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Hueso — Not Voting
Huff — Nay
Monning — Yea
Steinberg — Yea
Vidak — Nay
Wright — Not Voting
Evans — Yea
Liu — Yea
Beall — Yea
Corbett — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Lara — Yea
DeSaulnier — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Roth — Yea
Block — Yea
Cannella — Nay
Correa — Nay
Anderson — Nay
Wyland — Nay
Galgiani — Nay
Hill — Yea
Knight — Nay
Morrell — Nay
Nielsen — Nay
Torres — Not Voting
Walters — Not Voting
Wolk — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 1010 Mitchell Senate Third Reading By BRADFORD

Passed 50 Yea · 19 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 481707
Democratic 2101
Republican 0102
Total 5019010
% of votes cast 63%24%0%13%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Maienschein — Yea
Mansoor — Nay
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Gomez — Yea
Campos — Yea
Gordon — Yea
Hagman — Nay
Lowenthal — Yea
Garcia — Yea
Holden — Yea
Atkins — Yea
Jones-Sawyer — Yea
Fong — Yea
Bonilla — Yea
Logue — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Bocanegra — Yea
Pan — Yea
Quirk — Yea
John A. Pérez — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Allen — Nay
Bloom — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Skinner — Yea
Waldron — Nay
Weber — Yea
Wilk — Yea
Williams — Yea
Salas — Nay
Conway — Nay
Gray — Not Voting
Harkey — Nay
Daly — Not Voting
Linder — Not Voting
Medina — Not Voting
Melendez — Nay
Bigelow — Not Voting
Nestande — Nay
Perea — Not Voting
Dababneh — Yea
Dickinson — Yea
Fox — Nay
Frazier — Nay
Gatto — Yea
Yamada — Yea
Gorell — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12201
Republican 0100
Democratic 0001
Total 12302
% of votes cast 71%18%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Holden — Yea
Linder — Nay
Quirk — Yea
Pan — Yea
Bocanegra — Yea
Lowenthal — Yea
Ridley-Thomas — Yea
Campos — Yea
Donnelly — Yea
Eggman — Yea
Wagner — Not Voting
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 21 Yea · 12 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 191206
Democratic 2001
Total 211207
% of votes cast 53%30%0%18%
How each member voted (40)
Member Party Vote
Hill — Yea
Lara — Yea
Nielsen — Nay
Roth — Yea
Steinberg — Yea
Vidak — Nay
Walters — Nay
Correa — Not Voting
Evans — Yea
Cannella — Nay
Fuller — Nay
Wyland — Nay
Galgiani — Not Voting
Hancock — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Huff — Nay
Knight — Nay
Corbett — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Nay
Pavley — Yea
Torres — Not Voting
Wolk — Yea
Wright — Not Voting
Hueso — Not Voting
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Steinberg — Yea
De León — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1010 do?
Existing law provides that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for a period of 3, 4, or 5 years. This bill instead would provide that every person who possesses for sale or purchases for purposes of sale cocaine base is subject to imprisonment in a county jail for 2, 3, or 4 years. Existing law generally provides that the interest of any registered owner of a boat, airplane, or any vehicle, except as specified, that has been used to facilitate the manufacture of, or possession for sale or sale of, 14.25 grams or more of cocaine base or 28.5 grams or more of cocaine is subject to forfeiture, as specified. This bill would revise that provision to instead make property that has been used to facilitate the manufacture of, or possession for sale or sale of, 28.5 grams or more of cocaine base or cocaine subject to forfeiture. Existing law, except in unusual cases, prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale a substance containing 57 grams or more of a substance containing cocaine, 14.25 grams or more of cocaine base, or 57 grams or more of a substance containing at least 5 grams of cocaine base, and transporting or importing for sale, selling, or offering to sell cocaine base. This bill would delete those provisions and would instead prohibit, except in unusual cases, granting probation or suspending a sentence for persons convicted of possessing for sale or selling a substance containing 28.5 grams or more of cocaine base or 57 grams or more of a substance containing at least 5 grams of cocaine or cocaine base. By making additional persons eligible for probation, 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.
Who sponsors SB 1010?
SB 1010 is sponsored by Ammiano, Mitchell, Bocanegra, Bradford, Donnelly, Eggman, Hall, Hancock, Holden, Jones-Sawyer, Lara, Leno, Quirk, Ridley-Thomas, Skinner, Ting, Weber, Gonzalez, Lena A. (Democratic), and Mark Stone.
What is the current status of SB 1010?
This bill has been enacted into law. Introduced February 13, 2014. Enacted.
Where can I track SB 1010?
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