California 2021-2022 Regular Session

California Assembly Bill AB1792 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1792Introduced by Assembly Member SmithFebruary 03, 2022 An act to amend Section 1170.82 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 1792, as introduced, Smith. Crimes: controlled substance offenses.Existing law makes the fact that a controlled substance was furnished to someone who is pregnant, someone who has been previously convicted of a violent felony, or someone who was in psychological treatment for a mental disorder a circumstance in aggravation for purposes of sentencing a defendant convicted of specified controlled substance offenses.This bill would make a technical, nonsubstantive change to that provision.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 1170.82 of the Penal Code is amended to read:1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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3	3	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1792Introduced by Assembly Member SmithFebruary 03, 2022 An act to amend Section 1170.82 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 1792, as introduced, Smith. Crimes: controlled substance offenses.Existing law makes the fact that a controlled substance was furnished to someone who is pregnant, someone who has been previously convicted of a violent felony, or someone who was in psychological treatment for a mental disorder a circumstance in aggravation for purposes of sentencing a defendant convicted of specified controlled substance offenses.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 1792
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15	15	Introduced by Assembly Member SmithFebruary 03, 2022
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17	17	Introduced by Assembly Member Smith
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20	20	An act to amend Section 1170.82 of the Penal Code, relating to crimes.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 1792, as introduced, Smith. Crimes: controlled substance offenses.
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28	28	Existing law makes the fact that a controlled substance was furnished to someone who is pregnant, someone who has been previously convicted of a violent felony, or someone who was in psychological treatment for a mental disorder a circumstance in aggravation for purposes of sentencing a defendant convicted of specified controlled substance offenses.This bill would make a technical, nonsubstantive change to that provision.
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30	30	Existing law makes the fact that a controlled substance was furnished to someone who is pregnant, someone who has been previously convicted of a violent felony, or someone who was in psychological treatment for a mental disorder a circumstance in aggravation for purposes of sentencing a defendant convicted of specified controlled substance offenses.
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32	32	This bill would make a technical, nonsubstantive change to that provision.
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34	34	## Digest Key
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36	36	## Bill Text
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38	38	The people of the State of California do enact as follows:SECTION 1. Section 1170.82 of the Penal Code is amended to read:1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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40	40	The people of the State of California do enact as follows:
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42	42	## The people of the State of California do enact as follows:
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44	44	SECTION 1. Section 1170.82 of the Penal Code is amended to read:1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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46	46	SECTION 1. Section 1170.82 of the Penal Code is amended to read:
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48	48	### SECTION 1.
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50	50	1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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52	52	1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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54	54	1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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58	58	1170.82. Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she they unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:
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60	60	(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.
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62	62	(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.
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64	64	(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.