California 2015-2016 Regular Session Status: In Committee Bipartisan · 1 R · 1 D cosponsors

SB 305 — Enhancements: concentrated cannabis.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes it a felony for a person to manufacture, compound, convert, produce, derive, process, or prepare a controlled substance, and to possess specified chemicals with the intent to manufacture a controlled substance. Under existing law, a person convicted of either of these crimes, or an attempt to commit either crime, relating to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where a child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 2 years in the state prison. If the child under 16 years of age suffers great bodily injury, the person shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 5 years in the state prison. If the enhancement is not pled and proved, the fact that a person under 16 years of age resided in a structure where a methamphetamine was manufactured, compounded, converted, produced, derived, processed, or prepared is considered a factor in aggravation at sentencing. This bill would authorize the enhanced sentences for the commission or attempted commission of one of the above crimes, as those crimes relate to concentrated cannabis, in a structure where a child under 16 years of age is present or where a child under 16 years of age suffers great bodily harm. The bill would also require the use of the fact that a child under 16 years of age resided in a structure used for the manufacture, compounding, conversion, production, derivation, processing, or preparing of concentrated cannabis as a factor in aggravation at sentencing if the enhancement is not proved and pled. The bill would define concentrated cannabis for its purposes. By increasing the penalty for an existing crime, this 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. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. May 28 hearing: Held in committee and under submission.

  3. Set for hearing May 28.

  4. May 11 hearing: Placed on APPR. suspense file.

  5. Set for hearing May 11.

  6. Read second time and amended. Re-referred to Com. on APPR.

  7. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 595.) (April 14).

  8. Set for hearing April 14.

  9. April 7 hearing postponed by committee.

  10. Set for hearing April 7.

  11. Referred to Com. on PUB. S.

  12. From printer. May be acted upon on or after March 26.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Bates

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Lara — Yea
Nielsen — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 305 do?
Existing law makes it a felony for a person to manufacture, compound, convert, produce, derive, process, or prepare a controlled substance, and to possess specified chemicals with the intent to manufacture a controlled substance. Under existing law, a person convicted of either of these crimes, or an attempt to commit either crime, relating to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where a child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 2 years in the state prison. If the child under 16 years of age suffers great bodily injury, the person shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 5 years in the state prison. If the enhancement is not pled and proved, the fact that a person under 16 years of age resided in a structure where a methamphetamine was manufactured, compounded, converted, produced, derived, processed, or prepared is considered a factor in aggravation at sentencing. This bill would authorize the enhanced sentences for the commission or attempted commission of one of the above crimes, as those crimes relate to concentrated cannabis, in a structure where a child under 16 years of age is present or where a child under 16 years of age suffers great bodily harm. The bill would also require the use of the fact that a child under 16 years of age resided in a structure used for the manufacture, compounding, conversion, production, derivation, processing, or preparing of concentrated cannabis as a factor in aggravation at sentencing if the enhancement is not proved and pled. The bill would define concentrated cannabis for its purposes. By increasing the penalty for an existing crime, this 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 305?
SB 305 is sponsored by Anderson, Bates, Gallagher, James (Republican), Huff, Nielsen, and Allen, Benjamin (Democratic).
What is the current status of SB 305?
This bill died with 2015-2016 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 SB 305?
Track SB 305 free on One Click Politics — get push/email alerts when it moves.

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