California 2021-2022 Regular Session

California Assembly Bill AB1792

Introduced
2/3/22  

Caption

Crimes: controlled substance offenses.

Impact

The impact of AB 1792 on state law is primarily procedural, as it does not introduce new penalties or address novel provisions related to controlled substance offenses. Instead, it maintains emphasis on existing aggravating factors during sentencing, positioning them as critical considerations for judges. By reaffirming the concerns regarding vulnerable populations—such as pregnant individuals and those with prior violent convictions—the bill seeks to ensure that sentencing reflects the severity of crimes involving controlled substances under these specific conditions.

Summary

Assembly Bill 1792, introduced by Assembly Member Smith, aims to amend Section 1170.82 of the Penal Code. This section currently identifies certain circumstances as aggravating factors for sentencing individuals convicted of specified controlled substance offenses. The bill specifically addresses circumstances in which the controlled substance was furnished to a person who is pregnant, has a prior conviction of a violent felony, or is undergoing psychological treatment for a mental disorder. The proposed amendment is described as a technical and nonsubstantive change, implying that it does not fundamentally alter the essence or intent of the existing law but rather clarifies or updates the language used.

Contention

While AB 1792 is framed as a technical adjustment rather than a contentious piece of legislation, any changes to sentencing provisions can initiate debate among lawmakers and stakeholders. Critics may argue that there is a need for more substantial reform in how sentencing is approached for drug-related offenses, particularly in regards to rehabilitation versus punishment. This factor could provoke discussions about the treatment of individuals for substance abuse issues rather than purely punitive measures, potentially generating support or opposition based on differing ideologies regarding criminal justice reform.

Companion Bills

No companion bills found.

Previously Filed As

CA SB21

Controlled substances.

CA SB46

Controlled substances: treatment.

CA AB890

Controlled substances: probation.

CA SB44

Controlled substances.

CA AB18

Controlled substances.

CA SB58

Controlled substances: decriminalization of certain hallucinogenic substances.

CA ACA12

Controlled substances.

CA SB13

Controlled substances.

CA SB325

Controlled substances: fentanyl.

CA AB367

Controlled substances: enhancements.

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