AB 828 California Assembly · 2013-2014 Regular Session

Controlled substances:

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 status failed 1 of 4 stages cleared
Introduction
Feb 2013
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2013 Last action Feb 3, 2014
Floor votes

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Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
2
Mar 4, 2013
Committee
Referred to Com. on PUB. S.
lower
Feb 22, 2013
Lower · Passed
From printer. May be heard in committee March 24.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Chris Holden
Chris Holden
DDemocratic
CA
41