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SB 73 · 2021-22

Allows probation for more drug crime convictions

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

Became law Chapter 537, Statutes of 2021

Plain-language summary

Deletes various controlled substance crimes from the list of offenses that bar probation or a suspended sentence. Judges may waive the remaining probation bans in the interests of justice. This makes more people convicted of drug crimes eligible for probation.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Chaptered, Oct. 5, 2021).

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. Dec. 10, 2020 Introduced
  2. April 12, 2021 Passed Senate 25 yes, 10 no
  3. Sept. 9, 2021 Passed Assembly 42 yes, 26 no
  4. Sept. 17, 2021 Enrolled and sent to the Governor
  5. Oct. 5, 2021 Signed by the Governor
  6. Oct. 5, 2021 Chaptered (became law)
Full official history (24 actions)
  1. Dec. 10, 2020 Introduced: Introduced. To Com. on RLS. for assignment. To print.
  2. Dec. 11, 2020 From printer. May be acted upon on or after January 10.
  3. Jan. 11, 2021 Read first time.
  4. Jan. 28, 2021 Referred to Com. on PUB. S.
  5. Feb. 17, 2021 Set for hearing March 9.
  6. March 9, 2021 From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 423.) (March 9). Re-referred to Com. on APPR.
  7. March 12, 2021 Set for hearing March 22.
  8. March 22, 2021 From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
  9. March 23, 2021 Read second time. Ordered to third reading.
  10. April 12, 2021 Passed Senate: Read third time. Passed. (Ayes 25. Noes 10. Page 748.) Ordered to the Assembly.
  11. April 12, 2021 In Assembly. Read first time. Held at Desk.
  12. May 13, 2021 Referred to Com. on PUB. S.
  13. June 15, 2021 From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 15). Re-referred to Com. on APPR.
  14. June 16, 2021 Coauthors revised.
  15. June 30, 2021 June 30 set for first hearing. Placed on suspense file.
  16. Aug. 26, 2021 From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
  17. Aug. 30, 2021 Read second time and amended. Ordered to second reading.
  18. Aug. 31, 2021 Read second time. Ordered to third reading.
  19. Sept. 9, 2021 Passed Assembly: Read third time. Passed. (Ayes 42. Noes 26. Page 3062.) Ordered to the Senate.
  20. Sept. 10, 2021 In Senate. Concurrence in Assembly amendments pending.
  21. Sept. 10, 2021 Assembly amendments concurred in. (Ayes 23. Noes 12. Page 2621.) Ordered to engrossing and enrolling.
  22. Sept. 17, 2021 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 1:30 p.m.
  23. Oct. 5, 2021 Signed by the Governor: Approved by the Governor.
  24. Oct. 5, 2021 Chaptered (became law): Chaptered by Secretary of State. Chapter 537, Statutes of 2021.