Controlled substances: repeat offenders.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes it a misdemeanor for a person to possess specified controlled substances that are classified as narcotics. The act also makes it a misdemeanor to possess, without a prescription, specified controlled substances, including hallucinogens, stimulants, and depressants. Under the act, a person violating either of these provisions may be charged with a felony if he or she has a prior conviction for a violent offense or an offense for which registration as a sex offender is required. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would amend Proposition 47 to authorize a person who has been convicted or pled guilty or nolo contendere to 2 misdemeanor violations of either of the above crimes or one violation of each within a 6-month period to be charged, upon a 3rd violation of either crime within that same 6-month period, with either a misdemeanor or a felony. The bill would authorize a person charged with a felony under these provisions to remain eligible for the diversion program for drug offenses if he or she is otherwise eligible. By increasing the penalty for a 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. This bill would call a special election to be consolidated with the November 6, 2018, statewide general election. This bill would require the Secretary of State to submit the provision of the bill that amends the initiative statute to the electors for their approval at the November 6, 2018, consolidated election. This bill would declare that it is to take effect immediately as an act calling an election.