California 2019 2019-2020 Regular Session

California Assembly Bill AB484 Enrolled / Bill

Filed 09/16/2019

                    Enrolled  September 16, 2019 Passed IN  Senate  September 11, 2019 Passed IN  Assembly  April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 484Introduced by Assembly Member Jones-SawyerFebruary 12, 2019 An act to amend Section 1203.076 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 484, Jones-Sawyer. Crimes: probation.Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.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 1203.076 of the Penal Code is amended to read:1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

 Enrolled  September 16, 2019 Passed IN  Senate  September 11, 2019 Passed IN  Assembly  April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 484Introduced by Assembly Member Jones-SawyerFebruary 12, 2019 An act to amend Section 1203.076 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 484, Jones-Sawyer. Crimes: probation.Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Enrolled  September 16, 2019 Passed IN  Senate  September 11, 2019 Passed IN  Assembly  April 22, 2019

Enrolled  September 16, 2019
Passed IN  Senate  September 11, 2019
Passed IN  Assembly  April 22, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 484

Introduced by Assembly Member Jones-SawyerFebruary 12, 2019

Introduced by Assembly Member Jones-Sawyer
February 12, 2019

 An act to amend Section 1203.076 of the Penal Code, relating to crimes. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 484, Jones-Sawyer. Crimes: probation.

Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.

Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.

This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1203.076 of the Penal Code is amended to read:1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

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 1203.076 of the Penal Code is amended to read:1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

SECTION 1. Section 1203.076 of the Penal Code is amended to read:

### SECTION 1.

1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.



1203.076. A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.