California Senate approves change to drug law

State law would go easier on people who are busted for carrying illegal drugs for personal use under a bill approved by the California Senate yesterday.


Assembly Bill 721 changes the definition of "transporting" a drug to mean transporting it for sale, eliminating an additional charge for someone who might otherwise only be charged with drug possession.

"If you're in possession of a drug and you're walking down the street, you could be charged with transporting a drug even though your 'transporting' is just walking," said Sen. Rod Wright, D-Inglewood, as he presented the bill on the Senate floor.

The bill by Assemblyman Steven Bradford, D-Gardena, would not make it harder to prosecute drug dealers, Wright said, who would still be charged with transporting illegal drugs for sale.

"It simply says that... walking down the street does not qualify as transporting," Wright said.

"What this bill is intended to fix is that someone who would have been charged with simple possession, because their quantity was small, not end up with transportation for sale because (prosecutors) wanted to add charges."

Republicans argued against the bill, saying it would be too soft on criminals.

"This bill gives you a greater chance to get away with it or have it go easy on you," said Sen. Jim Nielsen, R-Gerber. "It is not a step in the right direction."

Sen. Mark Leno, D-San Francisco, countered that the bill could help chip away at the problem of crowding in California prisons.

"We're talking about a universe of people who will still be charged with one or more felonies. They will likely be going to state prison," Leno said. "The question is, do we want them to take up limited bed space for two or three years, or five or ten or 15 years?"

The state Senate passed the bill on a vote of 24-15. It now heads back to the Assembly for a concurrence vote before heading to Gov. Jerry Brown.

PHOTO: Assemblyman Steven Bradford, D-Gardena, in the Assembly chambers in March 2013. The Sacramento Bee/Hector Amezcua

California Senate Approves $24 Million for Gun Confiscation Program

The California Senate approved a $24-million expenditure on Thursday to speed the confiscation of guns from people who have been disqualified from owning firearms because of criminal convictions or serious mental illness.

Sen. Mark Leno (D-San Francisco) said budget cuts to the Department of Justice have hampered a program that targets people who purchased firearms legally but were later disqualified because of a subsequent conviction or determination of mental illness.

As a result of the cuts, there is a backlog of 19,000 people who have improper possession of more than 40,000 guns, including 1,600 assault weapons, and the number is increasing faster than their firearms can be confiscated.

"The mountain continues to grow," Leno said. "This is a serious and immediate threat to our public safety."

The Senate voted 31-0 to approve an urgency bill that would take the $24 million over three years from a Department of Justice account funded by gun owners who pay a fee when they register their guns with the state.

Sen. Jim Nielsen (R-Gerber) abstained from the vote, saying the $24 million is a surplus indicating gun owners are being overtaxed and that the Department of Justice is not properly managing its funds. "I argue we cannot reward this incompetence," Nielsen said before the vote to send SB 140 to the Assembly for consideration.

California is the only state that has such a computerized tracking program. Atty. Gen. Kamala Harrissaid the money would allow her to temporarily double the program staffing for three years to whittle down the backlog.

"Taking guns away from dangerous, violent individuals who are prohibited by law from owning them is smart and efficient law enforcement," Harris said in a statement.

via LA Times