| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1060Introduced by Senator BatesFebruary 15, 2022 An act to amend Section 11370.4 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTSB 1060, as introduced, Bates. Controlled substances: fentanyl and oxycodone.Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Under existing law, the court may strike the additional penalties described above if the court determines that there are circumstances in mitigation of the additional punishment, as specified.This bill would impose an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing either fentanyl or oxycodone, if the substance exceeds a specified weight. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would instead prohibit the court from imposing those additional penalties unless there are circumstances in aggravation to support that additional punishment.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read:11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1060Introduced by Senator BatesFebruary 15, 2022 An act to amend Section 11370.4 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTSB 1060, as introduced, Bates. Controlled substances: fentanyl and oxycodone.Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Under existing law, the court may strike the additional penalties described above if the court determines that there are circumstances in mitigation of the additional punishment, as specified.This bill would impose an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing either fentanyl or oxycodone, if the substance exceeds a specified weight. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would instead prohibit the court from imposing those additional penalties unless there are circumstances in aggravation to support that additional punishment.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 10, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 10, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1060 | |
| 14 | 14 | ||
| 15 | - | Introduced by Senator | |
| 15 | + | Introduced by Senator BatesFebruary 15, 2022 | |
| 16 | 16 | ||
| 17 | - | Introduced by Senator Bates | |
| 17 | + | Introduced by Senator Bates | |
| 18 | 18 | February 15, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 11370.4 of the Health and Safety Code, relating to controlled substances. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 1060, as | |
| 26 | + | SB 1060, as introduced, Bates. Controlled substances: fentanyl and oxycodone. | |
| 27 | 27 | ||
| 28 | 28 | Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Under existing law, the court may strike the additional penalties described above if the court determines that there are circumstances in mitigation of the additional punishment, as specified.This bill would impose an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing either fentanyl or oxycodone, if the substance exceeds a specified weight. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would instead prohibit the court from imposing those additional penalties unless there are circumstances in aggravation to support that additional punishment.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. Under existing law, the court may strike the additional penalties described above if the court determines that there are circumstances in mitigation of the additional punishment, as specified. | |
| 31 | 31 | ||
| 32 | 32 | This bill would impose an additional term upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing either fentanyl or oxycodone, if the substance exceeds a specified weight. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would instead prohibit the court from imposing those additional penalties unless there are circumstances in aggravation to support that additional punishment. | |
| 33 | 33 | ||
| 34 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read:11370.4. (a) Any | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read:11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read:11370.4. (a) Any | |
| 48 | + | SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read:11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 11370.4 of the Health and Safety Code is amended to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 11370.4. (a) Any | |
| 54 | + | 11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 55 | 55 | ||
| 56 | - | 11370.4. (a) Any | |
| 56 | + | 11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 57 | 57 | ||
| 58 | - | 11370.4. (a) Any | |
| 58 | + | 11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows:(1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years.(2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years.(3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years.(5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years.(6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)(c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows:(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c)(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.(d)(e) The additional terms provided in this section shall be in addition to any other punishment provided by law.(e)(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | - | 11370.4. (a) Any | |
| 62 | + | 11370.4. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows: | |
| 63 | 63 | ||
| 64 | 64 | (1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years. | |
| 65 | 65 | ||
| 66 | 66 | (2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years. | |
| 67 | 67 | ||
| 68 | 68 | (3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years. | |
| 69 | 69 | ||
| 70 | 70 | (4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years. | |
| 71 | 71 | ||
| 72 | 72 | (5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years. | |
| 73 | 73 | ||
| 74 | 74 | (6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years. | |
| 75 | 75 | ||
| 76 | 76 | The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. | |
| 77 | 77 | ||
| 78 | - | (b) Any | |
| 78 | + | (b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term as follows: | |
| 79 | 79 | ||
| 80 | 80 | (1) Where the substance exceeds 20 grams by weight, the person shall receive an additional term of three years. | |
| 81 | 81 | ||
| 82 | 82 | (2) Where the substance exceeds 80 grams by weight, the person shall receive an additional term of five years. | |
| 83 | 83 | ||
| 84 | 84 | (3) Where the substance exceeds 200 grams by weight, the person shall receive an additional term of 10 years. | |
| 85 | 85 | ||
| 86 | 86 | (4) Where the substance exceeds 400 grams by weight, the person shall receive an additional term of 15 years. | |
| 87 | 87 | ||
| 88 | 88 | (5) Where the substance exceeds 800 grams by weight, the person shall receive an additional term of 20 years. | |
| 89 | 89 | ||
| 90 | 90 | (6) Where the substance exceeds 1600 grams by weight, the person shall receive an additional term of 25 years. | |
| 91 | 91 | ||
| 92 | 92 | The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. | |
| 93 | 93 | ||
| 94 | - | (c) Any A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows: | |
| 94 | + | (b) | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (c) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows: | |
| 95 | 99 | ||
| 96 | 100 | (1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years. | |
| 97 | 101 | ||
| 98 | 102 | (2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years. | |
| 99 | 103 | ||
| 100 | 104 | (3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years. | |
| 101 | 105 | ||
| 102 | 106 | (4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years. | |
| 103 | 107 | ||
| 104 | 108 | In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included. | |
| 105 | 109 | ||
| 106 | 110 | The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. | |
| 107 | 111 | ||
| 112 | + | (c) | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 108 | 116 | (d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, oxycodone, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. | |
| 117 | + | ||
| 118 | + | (d) | |
| 119 | + | ||
| 120 | + | ||
| 109 | 121 | ||
| 110 | 122 | (e) The additional terms provided in this section shall be in addition to any other punishment provided by law. | |
| 111 | 123 | ||
| 112 | - | (f) Notwithstanding any other provision of law, the court may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 124 | + | (e) | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. may not impose the additional punishment for the enhancements provided in this section unless it determines that there are circumstances in aggravation supporting the additional punishment and states on the record its reasons for imposing the additional punishment. | |
| 113 | 129 | ||
| 114 | 130 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 115 | 131 | ||
| 116 | 132 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 117 | 133 | ||
| 118 | 134 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 119 | 135 | ||
| 120 | 136 | ### SEC. 2. |