CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2877Introduced by Assembly Member McCartyFebruary 21, 2020 An act to add Section 1210.2 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2877, as introduced, McCarty. Crimes: penalties.Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program.This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1210.2 is added to the Penal Code, to read:1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.SEC. 2. It is the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2877Introduced by Assembly Member McCartyFebruary 21, 2020 An act to add Section 1210.2 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2877, as introduced, McCarty. Crimes: penalties.Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program.This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2877
Introduced by Assembly Member McCartyFebruary 21, 2020
Introduced by Assembly Member McCarty
February 21, 2020
An act to add Section 1210.2 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2877, as introduced, McCarty. Crimes: penalties.
Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program.This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program.
This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1210.2 is added to the Penal Code, to read:1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.SEC. 2. It is the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1210.2 is added to the Penal Code, to read:1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.
SECTION 1. Section 1210.2 is added to the Penal Code, to read:
### SECTION 1.
1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.
1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.
1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.
1210.2. Notwithstanding any other law, a person who commits a crime while under the influence of any controlled substance identified in Section 11054 of the Health and Safety Code, or with the specific intent of directly or indirectly obtaining any controlled substance identified in Section 11054 of the Health and Safety Code, if this is their third or greater conviction in the past three years, shall be required to participate in and complete an appropriate drug treatment program as a condition of probation, if imposed, in addition to any other sentence that is imposed.
SEC. 2. It is the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
SEC. 2. It is the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
SEC. 2. It is the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.
### SEC. 2.