Probation: eligibility: crimes relating to controlled substances.
Summary
Existing law prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing or agreeing to sell or transport opiates or opium derivatives, possessing or transporting cannabis, planting or cultivating peyote, and various crimes relating to forging or altering prescriptions, among other crimes, if the person has previously been convicted of any one of specified felony offenses relating to controlled substances. Existing law also prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale or selling 14.25 grams or more of a substance containing heroin and possessing for sale 14.25 grams or more of any salt or solution of phencyclidine or its analogs, among other crimes. This bill would delete various crimes relating to controlled substances, including, but not limited to, the crimes described above, from those prohibitions against granting probation or a suspended sentence. The bill would authorize the remaining prohibitions on probation to be waived by a court in the interests of justice. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status
signed
all 5 stages cleared
Introduction
Dec 2020
Committee Review
Jun 2021
Senate Passage
Apr 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Dec 10, 2020
Signed Oct 5, 2021
Floor votes · Senate Apr 12, 2021 · Assembly Sep 10, 2021
How they voted
23–9
Passed · 5 other
Total votes 37
Apr 12, 2021
D
Democratic29
79% Yea
R
Republican8
87% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
10
Committee
5
Amendments
4
Oct 5, 2021
Signed into law
Approved by the Governor.
legislature
Sep 10, 2021
Assembly · Passed
Assembly Vote: pass (42-26-12)
assembly
Sep 10, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 23. Noes 12. Page 2621.) Ordered to engrossing and enrolling.
upper
Sep 10, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 9, 2021
Lower · Passed
Read third time. Passed. (Ayes 42. Noes 26. Page 3062.) Ordered to the Senate.
lower
Aug 30, 2021
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
lower
Jun 15, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 15). Re-referred to Com. on APPR.
lower
May 13, 2021
Committee
Referred to Com. on PUB. S.
lower
Apr 12, 2021
Upper · Passed
Read third time. Passed. (Ayes 25. Noes 10. Page 748.) Ordered to the Assembly.
upper
Mar 22, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Mar 9, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 423.) (March 9). Re-referred to Com. on APPR.
upper
Jan 28, 2021
Committee
Referred to Com. on PUB. S.
upper
Dec 10, 2020
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 8 co-sponsors
Sponsors
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