SB 1368: Penalty enhancements: alcohol and drugs.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-02-19
Existing law provides sentence enhancements for specified conduct, including sex offenses involving minors, crimes against the blind, and impersonating an officer. Existing law enumerates certain crimes as serious felonies, including, among others, murder, mayhem, and lewd and lascivious acts on a child under 14 years of age.
This bill would require that any person convicted of any serious felony, as specified, receive a one-year sentence enhancement if at the time of the offense that person was under the influence of alcohol or a controlled substance, as specified. The bill would require that the enhancement imposed be served consecutive to the punishment imposed for the underlying felony. By changing the punishment for certain crimes, 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 no reimbursement is required by this act for a specified reason.
(a)Any person convicted of any serious felony specified in Section 1192.7 or 1192.8 shall, in addition to any other punishment imposed, receive a one-year sentence enhancement if at the time of the offense that person had a blood alcohol level of .08 or greater or was unlawfully under the influence of a controlled substance as defined in subdivision (b). The enhancement imposed by this subdivision shall be served consecutive to the punishment imposed for the underlying felony.
(b)For purposes of this section, controlled substance means any substance that would expose a possessor of any quantity of that substance to a criminal prosecution.
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.
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Date
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Status
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|---|---|
| Feb 19, 2016 | Introduced. To Com. on RLS. for assignment. To print. |
| Feb 22, 2016 | From printer. May be acted upon on or after March 23. |
| Feb 22, 2016 | Read first time. |
| Mar 3, 2016 | Referred to Com. on PUB. S. |
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