BILL NUMBER: AB 46AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 23, 2015 AMENDED IN ASSEMBLY APRIL 9, 2015 AMENDED IN ASSEMBLY MARCH 17, 2015 AMENDED IN ASSEMBLY MARCH 4, 2015 INTRODUCED BY Assembly Member Lackey (Principal coauthors: Senators Galgiani, Nielsen, and Vidak) (Coauthors: Assembly Members Travis Allen, Baker, Brough, Gallagher, Gonzalez, Hadley, Kim, Linder, Patterson, Rodriguez, Steinorth, Waldron, and Wilk) (Coauthors: Senators Anderson, Bates, Huff, and Stone) DECEMBER 1, 2014 An act to add Sections 11350.5 and 11377.5 to the Health and Safety Code, relating to controlledsubstances.substances . LEGISLATIVE COUNSEL'S DIGEST AB 46, as amended, Lackey. Controlled substances. Existing law, as amended by the Safe Neighborhoods and Schools Act, a measure approved by the voters at the November 4, 2014, statewide general election, generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB), or flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. This bill would make it a felony, punishable by imprisonment in the state prison for 16 months or 2 or 3 years, to possess Ketamine, GHB, or flunitrazepam with the intent to commit sexual assault. By creating a new 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Ketamine, gamma hydroxybutyric acid (GHB), and Rohypnol are drugs often characterized as "date rape" drugs. (b) GHB is a central nervous system depressant that was approved for the treatment of narcolepsy. GHB has no color or taste, and is frequently combined with alcohol to commit sexual assault. (c) Ketamine causes unconsciousness, hallucinations, loss of body control, and numbing. Ketamine works very quickly, so victims drugged with Ketamine only have a few seconds to react before losing consciousness. (d) Rohypnol, also known by its chemical name of flunitrazepam, and sometimes referred to as "roofies," impairs judgment and leaves victims drugged with Rohypnol physically incapacitated. Memory loss and confusion under the influence of this drug makes victims more vulnerable to rape. (e) In order to deter the possession of Ketamine, GHB, and Rohypnol by sexual predators and to take steps to prevent the use of these drugs to incapacitate victims for purposes of sexual exploitation, it is necessary and appropriate that an individual who possesses one of these substances for predatory purposes be subject to felony penalties. SEC. 2. Section 11350.5 is added to the Health and Safety Code, to read: 11350.5. (a) Except as otherwise provided in this division, a person who possesses a controlled substance specified in paragraph (3) of subdivision (e) of Section 11054 with the intent to commit sexual assault shall be punished by imprisonment in the state prison for 16 months, or two or three years. (b) For purposes of this section, "sexual assault" includes, but is not limited to, a violation of paragraph (3) of subdivision (a) of Section 261 of the Penal Code, paragraph (2) of subdivision (a) of Section 262 of the Penal Code, subdivision (i) of Section 286 of the Penal Code, subdivision (i) of Section 288a of the Penal Code, or subdivision (e) of Section 289 of the Penal Code. (c) Nothing in this section shall preclude prosecution under any other law. SEC. 3. Section 11377.5 is added to the Health and Safety Code, to read: 11377.5. (a) Except as otherwise provided in this division, a person who possesses a controlled substance specified in paragraph (11) of subdivision (c) of, or subdivision (g) of, Section 11056, or paragraph (13) of subdivision (d) of Section 11057 with the intent to commit sexual assault shall be punished by imprisonment in the state prison for 16 months, or two or three years. (b) For purposes of this section, "sexual assault" includes, but is not limited to, a violation of paragraph (3) of subdivision (a) of Section 261 of the Penal Code, paragraph (2) of subdivision (a) of Section 262 of the Penal Code, subdivision (i) of Section 286 of the Penal Code, subdivision (i) of Section 288a of the Penal Code, or subdivision (e) of Section 289 of the Penal Code. (c) Nothing in this section shall preclude prosecution under any other law. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.