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.
Terminology for pregnant persons modified, standards for chemical dependency in pregnancy and prenatal substance use modified, prenatal substance use specified to not itself constitute neglect or maltreatment, reporting requirements modified, and informed consent requirements established for parent and newborn infant toxicology tests and drug or alcohol screenings.