Scott Wiener's Bills

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SB 378 · 2019-20

Expands probation eligibility for some drug crimes

Official subject Probation: eligibility: crimes relating to controlled substances.

Didn't pass Passed Senate, stopped in Assembly · Did not advance before a deadline

Plain-language summary

Removes various controlled substance crimes, including some heroin possession-for-sale offenses, from the list of crimes that bar probation or a suspended sentence. Judges may waive the remaining probation bans in the interests of justice.

How these summaries are written

Subject changed

This bill originally dealt with barbering and cosmetology licensee records; it was rewritten to cover probation for drug crimes.

Official summary · Legislative Counsel's Digest

Describes the final version (Amended Assembly, July 27, 2020).

Read the official summary (4 paragraphs)

Existing law prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing or agreeing to sell or transport opiates or opium derivatives, possessing or transporting cannabis, planting or cultivating peyote, and various crimes relating to forging or altering prescriptions, among other crimes, if the person has previously been convicted of any one of specified felony offenses relating to controlled substances. Existing law also prohibits granting probation or suspending a sentence for persons convicted of specified crimes relating to controlled substances, including possessing for sale or selling 14.25 grams or more of a substance containing heroin and possessing for sale 14.25 grams or more of any salt or solution of phencyclidine or its analogs, among other crimes.

This bill would delete various crimes relating to controlled substances, including, but not limited to, the crimes described above, from those prohibitions against granting probation or a suspended sentence. The bill would authorize the remaining prohibitions on probation to be waived by a court in the interests of justice. By making additional persons eligible for probation, the bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Official title

An act to amend Section 11370 of the Health and Safety Code, and to amend Section 29820 of, to repeal Section 1203.073 of, and to repeal and add Section 1203.07 of, the Penal Code, relating to probation.

Timeline

  1. Feb. 20, 2019 Introduced
  2. Jan. 27, 2020 Passed Senate 25 yes, 2 no
  3. July 27, 2020 Stopped in the Assembly Did not advance before a deadline
Full official history (22 actions)
  1. Feb. 20, 2019 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 21, 2019 From printer. May be acted upon on or after March 23.
  3. Feb. 28, 2019 Referred to Com. on B., P. & E.D.
  4. March 25, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
  5. March 26, 2019 Withdrawn from committee.
  6. March 26, 2019 Re-referred to Com. on RLS.
  7. Sept. 6, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
  8. Jan. 6, 2020 From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
  9. Jan. 6, 2020 Re-referred to Com. on E., U. & C.
  10. Jan. 8, 2020 Set for hearing January 15.
  11. Jan. 15, 2020 From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1. Page 3099.) (January 15). Re-referred to Com. on APPR.
  12. Jan. 16, 2020 Set for hearing January 21.
  13. Jan. 21, 2020 January 21 hearing: Placed on APPR. suspense file.
  14. Jan. 21, 2020 Set for hearing January 23.
  15. Jan. 21, 2020 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
  16. Jan. 23, 2020 From committee: Do pass. (Ayes 4. Noes 2. Page 3141.) (January 23).
  17. Jan. 23, 2020 Read second time. Ordered to third reading.
  18. Jan. 27, 2020 Passed Senate: Read third time. Passed. (Ayes 25. Noes 2. Page 3153.) Ordered to the Assembly.
  19. Jan. 27, 2020 In Assembly. Read first time. Held at Desk.
  20. June 18, 2020 Referred to Com. on U. & E.
  21. July 27, 2020 From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.
  22. July 27, 2020 Re-referred to Com. on RLS. pursuant to Assembly Rule 96.