CA SB 22

Title: Crimes.
Author: Thomas J. Umberg

Summary
SB 22, as amended, Umberg. Crimes. (1) Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl.This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes as they relate to hard drugs, as defined, to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder.The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit the fact that this warning was given from being used as evidence in the prosecution of a minor in juvenile court, thereby requiring a 2/3 vote.(2) Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm.This bill would expand that crime to include when the substance possessed is fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.(3) Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, fentanyl, cocaine base, and cocaine, if the substance exceeds a specified weight.This bill would make that term of imprisonment punishable in the state prison. The bill would additionally lower the weight requirements of that crime with regard to fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.(4) 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 the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.Proposition 47 authorizes amendment of its provisions by a 2/3 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.This bill would amend Proposition 47 by authorizing the aggregation of the values of the property involved in one or more cases of shoplifting or theft into a single count or charge when the case involves one or more acts of theft or shoplifting, with the sum of the value of all property or merchandise being the value considered when determining the degree of theft.(5) Existing law, added by Proposition 47, provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.This bill would amend Proposition 47 by requiring a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished as a misdemeanor or felony, as specified. The bill would require a court, upon arrest of a person under these provisions, to make an individualized determination of risk to public safety and likelihood to return to court prior to releasing the individual.(6) Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes,

Status
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

Bill Documents
CA SB 22 - 01/12/24 - Amended Assembly
01/12/24 - CA SB 22 (01/12/24 - Amended Assembly)