CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

97

CHAPTER 574

Statutes of 2019

[ Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019. ]

Introduced by Assembly Member Jones-Sawyer

February 12, 2019

An act to amend Section 1203.076 of the Penal Code, relating to crimes.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.

This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.

The people of the State of California do enact as follows:

SECTION 1.

Section 1203.076 of the Penal Code is amended to read:

1203.076.

A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.