BILL NUMBER: SB 131	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 12, 2004
	AMENDED IN ASSEMBLY  JULY 8, 2003
	AMENDED IN SENATE  MARCH 27, 2003

INTRODUCED BY   Senator Sher
   (Coauthor:  Assembly Member Koretz)

                        FEBRUARY 5, 2003

   An act to amend Section 11357 of the Health and Safety Code, and
to amend Section 23222 of the Vehicle Code, relating to controlled
substances.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 131, as amended, Sher.  Marijuana:  possession:  penalty.
   Existing law provides that, except as authorized by law, every
person who possesses not more than 28.5 grams of marijuana, other
than concentrated cannabis, is guilty of a misdemeanor, punishable by
a fine of not more than $100, and if that person has been previously
convicted 3 or more times of that offense during the previous 2
years and has been found guilty of the current offense after a trial,
or has admitted guilt, the person is eligible for diversion, as
specified.
   This bill would instead provide that (a) except as authorized by
law, every person who possesses not more than 28.5 grams of
marijuana, other than concentrated cannabis, is, for the first
offense, guilty of an infraction, punishable by a fine not to exceed
 $100   $250  , and is, for the 2nd or any
subsequent offense, guilty of an infraction or a misdemeanor,
punishable by a fine not to exceed  $100   $250
 ; and (b) if that person has been previously convicted 2 or
more times of that offense during the previous 2 years, the person is
eligible for diversion, as specified.  The bill would make
conforming changes to related provisions. To the extent that this
bill would increase the duties of local officers by providing for the
diversion of offenders after a 2nd rather than 3rd offense, this
bill would impose a state-mandated local program upon local
governments.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11357 of the Health and Safety Code is amended
to read:
   11357.  (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both that
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
   (b) (1) Except as authorized by law, every person who possesses
not more than 28.5 grams of marijuana, other than concentrated
cannabis, is, for the first offense, guilty of an infraction
punishable by a fine not to exceed  one hundred dollars
($100)   two hundred fifty dollars ($250)  , and
is, for the second or any subsequent offense, guilty of an infraction
or a misdemeanor punishable by a fine not to exceed  one
hundred dollars ($100).   two hundred fifty dollars
($250). 
   (2) Notwithstanding other provisions of law, if that person has
been previously convicted two or more times of an offense described
in this subdivision during the two-year period immediately preceding
the date of commission of the violation to be charged, the previous
convictions shall also be charged in the accusatory pleading.  If the
defendant is charged with a misdemeanor, the provisions of Sections
1000 to 1000.5, inclusive, of the Penal Code shall apply to the
matter.  In any case in which a person is arrested for a violation of
this subdivision and does not demand to be taken before a
magistrate, the person shall be released by the arresting officer
upon presenting satisfactory evidence of identity and giving a
written promise to appear in court, as provided in Section 853.6 of
the Penal Code, and shall not be subjected to booking.
   (c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both that fine and imprisonment.
   (d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
   (e) Except as authorized by law, every person under the age of 18
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
   (1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
   (2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
  SEC. 2.  Section 23222 of the Vehicle Code is amended to read:
   23222.  (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on
lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed.
   (b) (1) Except as authorized by law, every person who possesses,
while driving a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, not more than 28.5
grams of marijuana, other than concentrated cannabis as defined by
Section 11006.5 of the Health and Safety Code, is, for a first
offense, guilty of an infraction punishable by a fine of not more
than  one hundred dollars ($100)   two hundred
fifty dollars ($250)  , and is, for the second or any subsequent
offense, guilty of an infraction or a misdemeanor punishable by a
fine of not more than  one hundred dollars ($100) 
 two hundred fifty dollars ($250)  .
   (2) Notwithstanding any other provision of law, if the person has
been previously convicted two or more times of an offense described
in this subdivision during the two-year period immediately preceding
the date of commission of the violation to be charged, the previous
convictions shall also be charged in the accusatory pleading.
   (3) If the defendant is charged with a misdemeanor, the provisions
of Sections 1000 to 1000.5, inclusive, of the Penal Code shall apply
to the matter.
   (4) In any case in which a person is arrested for a violation of
this subdivision and does not demand to be taken before a magistrate,
the person shall be released by the arresting officer upon
presentation of satisfactory evidence of identity and giving his or
her written promise to appear in court, as provided in Section 40500,
and shall not be subjected to booking.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.