California 2013-2014 Regular Session Status: In Committee

AB 828 — Controlled substances:

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law prohibits every person from possessing any moneys or negotiable instruments in excess of $100,000 which have been obtained as the result of the unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture any specified controlled substance, with knowledge that the moneys or negotiable instruments have been so obtained, and prohibits any person from possessing any moneys or negotiable instruments in excess of $100,000 which are intended by that person for the unlawful purchase of any specified controlled substance, and from committing an act in substantial furtherance of the unlawful purchase. Existing law requires that a person who violates one of those provisions be punished by imprisonment in a county jail for a term not to exceed one year, or by imprisonment in a county jail for 2, 3, or 4 years. This bill would require that a person who violates one of those provisions be punished by imprisonment in the state prison, rather than a county jail, for the specified term. (2) Existing law, except as specified, prohibits every person from manufacturing, compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any specified controlled substance, and requires that the person be punished by imprisonment in a county jail for 3, 5, or 7 years and by a fine not exceeding $50,000. Existing law also, except as specified, prohibits every person from offering to perform an act which is punishable under the preceding provision, and requires that the person be punished by imprisonment in a county jail for 3, 4, or 5 years. This bill would require that a person who violates either of those provisions be punished by imprisonment in the state prison, rather than a county jail, for the specified term. (3) Under existing law, where the defendant has a prior or current felony conviction for a specified serious felony or a prior or current conviction for a specified violent felony, or has a prior felony conviction in another jurisdiction for an offense that has all the elements of a specified serious felony or a specified violent felony, that defendant is required to register as a sex offender, as specified. Existing law requires that where the defendant is convicted of a crime and as part of the sentence a specified enhancement is imposed, an executed sentence for a specified felony shall be served in state prison. This bill would specify which sentence enhancements would require the executed sentence for specified felonies be served in state prison.

Bill Text

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Referred to Com. on PUB. S.

  4. From printer. May be heard in committee March 24.

  5. Read first time. To print.

Sponsors

  • Holden · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Holden

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.

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

Subjects

public-safety civil-rights
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 AB 828 do?
(1) Existing law prohibits every person from possessing any moneys or negotiable instruments in excess of $100,000 which have been obtained as the result of the unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture any specified controlled substance, with knowledge that the moneys or negotiable instruments have been so obtained, and prohibits any person from possessing any moneys or negotiable instruments in excess of $100,000 which are intended by that person for the unlawful purchase of any specified controlled substance, and from committing an act in substantial furtherance of the unlawful purchase. Existing law requires that a person who violates one of those provisions be punished by imprisonment in a county jail for a term not to exceed one year, or by imprisonment in a county jail for 2, 3, or 4 years. This bill would require that a person who violates one of those provisions be punished by imprisonment in the state prison, rather than a county jail, for the specified term. (2) Existing law, except as specified, prohibits every person from manufacturing, compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any specified controlled substance, and requires that the person be punished by imprisonment in a county jail for 3, 5, or 7 years and by a fine not exceeding $50,000. Existing law also, except as specified, prohibits every person from offering to perform an act which is punishable under the preceding provision, and requires that the person be punished by imprisonment in a county jail for 3, 4, or 5 years. This bill would require that a person who violates either of those provisions be punished by imprisonment in the state prison, rather than a county jail, for the specified term. (3) Under existing law, where the defendant has a prior or current felony conviction for a specified serious felony or a prior or current conviction for a specified violent felony, or has a prior felony conviction in another jurisdiction for an offense that has all the elements of a specified serious felony or a specified violent felony, that defendant is required to register as a sex offender, as specified. Existing law requires that where the defendant is convicted of a crime and as part of the sentence a specified enhancement is imposed, an executed sentence for a specified felony shall be served in state prison. This bill would specify which sentence enhancements would require the executed sentence for specified felonies be served in state prison.
Who sponsors AB 828?
AB 828 is sponsored by Holden.
What is the current status of AB 828?
This bill died with 2013-2014 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 828?
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