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Home My WebLink AboutMINUTES - 10031989 - IO.5 I.O.-5 TO: BOARD OF SUPERVISORS 1 - Contra 1 FROM: Costa INTERNAL OPERATIONS COMMITTEEs_t otCounty DATE: September 25, 1989 srA��UK SUBJECT: PROPOSAL TO SPONSOR LEGISLATION WHICH WOULD INCREASE PENALTIES FOR INDIVIDUALS WHO PURCHASE ILLEGAL DRUGS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Request the County Administrator ' s Office to determine from the District Attorney what the penalties are for the purchase or use of various illegal drugs, similar to the report they provided our Committee on the penalties for the sale of various illegal drugs. 2. Request the County Administrator to determine from the Superior Court the extent to which the Courts impose the maximum penalty available under state law for the sale of illegal drugs and the extent to which the courts impose the maximum penalty available under the state law for the purchase or use of illegal drugs. 3 . If not already covered under current law, direct the County Administrator to include in the Board' s 1990 Legislative Program legislation which would authorize a Court to impose substantially increased fines, up to and including the seizure and disposal of a vehicle used in a drug offense (or in such an offense occurring within 1000 feet of a school) . 4. If not already covered under current law, direct the County Administrator to include in the Board' s 1990 Legislative Program legislation which would authorize the Court to impose substantially increased fines, up to and including the seizure and disposal of the vehicle used by an individual who uses the vehicle to purchase illegal drugs, even if the individual is not actually selling drugs but is only purchasing them for his or her own use. 5. Remove this item as a referral to our Committee. CONTINUED ON ATTACHMENT:Ye s YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO MITTEE APPROVE pER SIGNATURES.__ owe s Sunne Wright McPeak ACTION OF BOARD ON October 3, 1989 APPROVED AS RECOMMENDED X & OTHER X Also, REQUESTED County Administrator to include in the Board's 1990 Legislative Program legislation which would preclude convicted drug pushers from owning an automobile. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT -� ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED . /989 District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR County Probation Officer Presiding Judge, Superior Court M382 Su�a ri or Court Administrator BY DEPUTY BACKGROUND: On June 6, 1989, Supervisor Fanden asked the Internal Operations Committee to look into the possibility of sponsoring legislation which would require that an individual' s drivers license be suspended . if the individual is convicted for a second time of selling drugs. In response to this referral the District Attorney, Sheriff-Coroner and County Probation Officer were asked for their recommendations on this proposal. Their responses are attached to this report. Our Committee met September 25, 1989 and considered the reports from each of these criminal justice department heads. We note that Supervisor Fanden' s suggestion has already been enacted into State law as it pertains to minors. A Court can now suspend or prevent DMV from issuing a drivers license to an individual involved in a drug offense. In addition, the potential fines and state prison time which can be ordered by a Court for the sale or possession for sale of illegal drugs are very substantial, as can be seen from the attachments to the District Attorney's report on this subject. Our Committee would like to build on and expand Supervisor Fanden' s recommendation by addressing the need to establish a clear policy of "zero tolerance" in this County. By this we mean that those who continue to support the illegal drug trade by purchasing the drugs and thereby making the selling of illegal drugs a highly profitable occupation should face the stiffest possible fines. These penalties might even include the seizure and sale of a vehicle which is used by an individual to purchase illegal drugs, as is apparently frequently the case in this County. Law enforcement officers have repeatedly told the Board of Supervisors that the illegal drug problem in this County will never be solved solely by trying to cut off the supply of drugs. While this effort must continue and is the focus of current federal efforts, the easiest way to make the drug trade less profitable is to dry up the market for the illegal drugs which are being supplied. If no one wants to buy a product, its price will come down and eventually it will no longer pay to manufacture it. This is the direction we believe this County must go - we must not tolerate even casual illegal drug use on the part of our citizens. If some of the citizens of this County are going to insist on buying illegal drugs we are going to have to make it as expensive as possible for them to do so. This means supporting legislation which will increase the .fines for the possession and use of illegal drugs, including the seizure of a vehicle which an individual uses to drive to the area where he or she purchases illegal drugs. Contra Co_ta Count Shbriff=Coroner RECEIVED Richard K. Rainey Field Operations HERIIFFO ONER JUN 0 1980 Muir Roada Warren E.Rupf Martinez, California 94553-0039 Office of Assistant Sheriff (415) 646- County h I•rinictrato; Gerald T.Mitosinka Claude L. Van Marter, June 22 , 1989 Assistant Sheriff To: Assistant County Administrator Date: Rodger L.Davis Assistant Sheriff 1/, . From: Richard K. Rainey, Suspending Driver' s Sheriff-Coroner Subject: License/Drug Dealers Second Conviction I received your memorandum of June 6, 1989, regarding Supervisor Fanden' s desire to possibly introduce legislation to suspend the driver' s license of a drug dealer convicted for a second time. I will address each of the four questions posed in that memo. Question #1: "What options does a judge have now in sentencing a defendant for selling drugs where the defendant has a prior conviction for the same or similar offense?" : Response: Health & Safety Code Section 11370 requires that a person, convicted of specific narcotic violations, "Shall not, in any case, be granted probation by the trial court or have the execution of the sentence imposed upon him or her suspended by the court, if he or she has been previously convicted of any offense" . Question #2: "What mandatory sentence is there in these cases which the judge cannot suspend?" : Response: Health & Safety Code Section 11370 . 2 requires that any person convicted of certain narcotic offenses "Shall receive, in addition to any other punishment authorized by law. . . , a full, separate, and consecutive three-year term for each prior felony conviction" . Not withstanding other law, one would believe that a mandatory sentence is law, and a judge cannot suspend sentence for sales of narcotics with a prior. Question #3 : "Does a judge concurrently have an option to suspend a driver ' s license in this type of case?" : Response: I 'm not sure of this , but I don' t believe a judge has the option to suspend a driver ' s license, unless the person is convicted of a provision of the California Vehicle Code, such as driving under the influence of narcotics or drugs or other similar violation. Question #4: "Would you support legislation to authorize a judge to suspend a driver' s license in these cases?" : AN EQUAL OPPORTUNITY EMPLOYER Response: When a person is convicted of a second offense of sales of drugs or narcotics, that person should absolutely go to prison. The driver ' s license issue is mute, as that person cannot drive while in prison. If all driver' s licenses were suspended and the defendants did not go to prison, it is my opinion this proposal would or may create more problems for us in the County Criminal Justice System, as it would add to the administrative warrants for violation of 14601 or driving without a license. This punishment is usually minor, but fills up our jails with traffic offenders. I support measures that attempt to control or reduce the pervasive drug problem facing our community. I believe the real solution is that any person, convicted of the selling any drug or narcotic with any prior conviction, should receive a lengthy and mandatory prison sentence. RKR:RFP:tcr GARY T. YANCEY District Attorney OFFICE OF THE DISTRICT ATTORNEY COUNTY OF CONTRA COSTA TO: Claude L. Van Marter / Assistant County Ad inistra r FROM: Gary T. Yancey District Attorney DATE: June 20, 1989 SUBJECT: Suspending Driver's License of Convicted Drug Dealers For a Second Conviction Attached is an exhaustive memo on the subject of sentencing options for drug convictions prepared per your request for the Internal Operations Committee. Yes, I would support legislation to give the court the power to suspend a driver's license upon conviction for sales or possession for sale of drugs and narcotics. However, why wait for a second conviction? , At present, I am working on legislation to forfeit the cars used in drug trafficking within 1,000 feet of a school. Taking the car and the driver's license would be very effective tools for law enforcement. Hopefully, the Board of Supervisors will support that legislation when it is ready for introduction later this year. GTY:pd CLVMI.MEM/JUN89 Attachment ✓iii: i" <t r r J J i'• f,/ (k nJ f MEMORANDUM TO: GARY YANCEY DATE: JUNE 14, 1989 FROM: GAYLE ELAINE GRAHAM RE: SUPERVISOR FAHDEN' S PROPOSAL TO CREATE A NEW 14601 IN RESPONSE TO YOUR REQUEST FOR INFORMATION REGARDING THE POSSIBLE SENTENCES FOR REPEAT DRUG DEALERS, I HAVE WORKED UP THE ATTACHED CHART FOR THE MOST COMMON DRUG OFFENSES. THE CHART ANSWERS THE FIRST QUESTION ON THE BOARD OF SUPERVISORS REQUEST. THE REMAINING TWO QUESTIONS ARE ANSWERED BELOW. WHAT MANDATORY SENTENCE IS THERE IN THESE CASES WHICH THE JUDGE CAN NOT SUSPEND? The judge may get around any of the sentencing provisions listed on the attached chart by invoking his or her discretion under Penal Code Section 1385. Some of the code sections build in the courts discretion (arid those I marked with the phrase "unless unusual circ. " ) while others appear on their face to require the judge to impose cer- tain sentences. Unfortunately People v. Ruby ( 1988) 204 Cal.App.3d 462 states that the judge always has the discretion under 1385 to strike the enhancement or underlying finding unless the legislature makes it clear that 1385 shall not apply to the specific section. If probation is granted for any of the offenses, the court may require a drug program (H&S 11373 ) , drug testing (PC 1203 . 1ab) or any reasonable conditions (PC 1203. 1) . DOES A JUDGE CURRENTLY HAVE THE OPTION TO SUSPEND A DRIVER' S LI- CENSE IN THIS TYPE OF CASE? If the person is under 21 years of age at the time of the conviction (either an adult conviction or a juvenile adjudica- tion) the court may suspend the person' s driving privilege for one year for each conviction. (If the person does not have a license the court may order the DMV not to issue the license for one year after the person becomes eligible for the license. ) If a motor vehicle was used in the sale or transportation of drugs for profit, the DMV may refuse to issue or renew the per- son' s drivers license (VC 12809 (f) ) . If DMV has chosen to place the person' s drivers license on a probationary status for a cause related to the use or possession of a drug and the person commits a drug offense, the DMV may suspend the license, even if a motor vehicle was not used in the new offense (VC 12809(f) ) . Additionally, if the DMV determines a person to be an addict they may refuse to issue a license to the person (VC 13202. 5) . 1. PO'S S . FOR S ALE — COCA 2 NE OR HERO 2 N SENTENCE AUTHORITY FIRST CONVICTION OF 11351 : 2, 3 , 4 years 11351 <$20,000 fine 11372(a) $50. lab fee 11372. 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS: >14. 25 grams heroin <$50,000 fine 11352. 5 >3 lbs. heroin or cocaine 3 years 11370. 4(a) ( 1) + <$1,000, 000 11372(b) >10 lbs. heroin or cocaine 5 years 11370. 4(a) ( 2 ) + <$4,000,000 11372(c) >25 lbs. heroin or cocaine 10 years 11370. 4(a) (3 ) + <$8 ,000,000 11372(d) >100 lbs. heroin or cocaine 15 years 11370. 4(a) ( 4) PROBATION INELIGIBILITY >14.25 grams heroin PC 1203 . 07(a) (1) >28. 5 grams cocaine (unless unusual circ. ) PC 1203 . 073 (b) ( 1) SECOND CONVICTION OF 11351: 2, 3 , 4 years 11351 <$20 , 000 fine 11372(a) $50. lab fee 11372. 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: For each prior of 11351, 3 years each 11370. 2(a) 11351 .5, 11352, 11378 , 11378. 5, 11379, 11379. 5 , >14.25 grams heroin <$50, 000 fine 11352 . 5 >3 lbs. heroin or cocaine 3 years 11370 . 4(a) ( 1 ) + <$1 , 000,000 11372(b) >10 lbs. heroin or cocaine 5 years 11370. 4(a) ( 2) + <$4, 000 ,000 11372 (c) >25 lbs. heroin or cocaine 10 years 11370. 4(a) ( 3 ) + <$80, 000 ,000 11372(d) >100 lbs. heroin or cocaine 15 years 11370. 4(x) ( 4) PROBATION INELIGIBILITY >14. 25 grams heroin PC 1203 . 07(a) ( 1) >28. 5 grams cocaine (unless unusual circ. ) PC 1203 . 073 (b) ( 1 ) Drug prior 11370 2 FOSS . FOR S ALE—BAS E C O CA 2 NE SENTENCE AUTHORITY FIRST CONVICTION OF 11351 . 5 3 , 4 , 5 years 11351. 5 <$20,000 fine 11372(a) $50. lab fee 11372. 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS: >3 lbs. base cocaine 3 years 11370 . 4(a) ( 1) + <$1 , 000 ,000 11372(b) >10 lbs. base cocaine 5 years 11370. 4(a) ( 2 ) + <$4,000 , 000 11372(c) >25 lbs. base cocaine 10 years 11370. 4(a) ( 3 ) + <$8,000 , 000 11372(d) >100 lbs. base cocaine 15 years 11370. 4(a) ( 4) PROBATION INELIGIBILITY >14 . 25 grams (unless unusual circ. ) PC 1203 . 073 (b) ( 5) SECOND CONVICTION OF 11351. 5 3 , 4, 5 years 11351. 5 <$20 , 000 fine 11372(a) $50. lab fee 11372 . 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: For each prior of 11351, 3 years each 11370 . 2(a) 11351. 5, 11352, 11378, 11378. 5, 11379, 11379. 5 , >3 lbs. base cocaine 3 years 11370. 4(a) (1) + <$1,000,000 . 11372(b) >10 lbs. base cocaine 5 years 11370. 4(a) (2 ) + <$4,000, 000 11372(c) >25 lbs. base cocaine 10 years 11370. 4(a) (3 ) + <$8 ,000, 000 11372(d) >100 lbs. base cocaine 15 years 11370. 4(a) ( 4 ) PROBATION INELIGIBILITY >14. 25 grams (unless unusual circ. ) PC 1203 . 073 (b) ( 5 ) Drug prior 11370 3 s ALE— COCA=N E OR H E RO=N SENTENCE AUTHORITY FIRST CONVICTION OF 11352 : 3 , 4 , 5 years 11352 <$20 , 000 fine 11372(a) $50. 1ab fee 11372. 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS >14. 25 grams heroin <$50, 000 fine 11352. 5 >3 lbs. heroin or cocaine 3 years 11370 . 4(a) ( 1) + <$1,000 , 000 11372(b) >10 lbs. heroin or cocaine 5 years 11370. 4(a) ( 2 ) + <$4 ,000 , 000 � 11372(c) >25 lbs. heroin or cocaine 10 years 11370. 4(a) ( 3 ) + <$8 , 000,000 11372 (d) >100 lbs. heroin or cocaine 15 years 11370. 4(a) (4) PROBATION INELIGIBILITY** >14. 25 grams heroin PC 1203 . 07(a) ( 2 ) >28. 5 grams cocaine (unless unusual circ. ) PC 1203 . 073 (b) (1) If base cocaine (unless unusual circ. ) 11370. 4(b) ( 6 )+(7 ) SECOND CONVICTION OF 11352 : 3 , 4, 5 years 11352 <$20,000 11372(a) $50. lab fee 11372. 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS For each prior of 11351, 3 years each 11370. 2(a) 11351. 5, 11352, 113781, 11378. 5, 11379, 11379. 5 , >14. 25 grams heroin <$50 ,000 fine 11352. 5 >3 lbs. heroin or cocaine 3 years 11370. 4(a) (1) + <$1 , 000, 000 11372(b) >10 lbs. heroin or cocaine 5 years 11370. 4(a) ( 2) + <$4 , 000,000 11372(c) >25 lbs. heroin or cocaine 10 years 11370. 4(a) ( 3 ) + <$8,000 , 000 11372(d) >100 lbs. heroin or cocaine 15 years 11370 . 4(a) ( 4 ) PROBATION INELIGIBILITY** >14. 25 grams heroin PC 1203 . 07(a) ( 2 ) >28. 5 grams cocaine (unless unusual circ. ) PC 1203 .073 (b) (1) If base cocaine (unless unusual circ. ) 11370. 4(b) ( 6)+(7) Drug prior 11370 **IF PROB. GRANTED-MIN. 180 DAY CJ (UNLESS UNUSUAL CIRC) PC 1203. 076 4 PO S S . FOR S AL E — METHAMPHETAM 2 NE SENTENCE AUTHORITY FIRST CONVICTION OF 11378: 16 months, 2 , 3 yr. 11378 $50. lab fee 11372. 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS: >3 lbs. or 9 gal. 3 years 11370. 4 (b) ( 1) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) ( 2) >25 lbs. or 62 1/2 gal. 10 years 11370. 4 (b) ( 3 ) PROBATION INELIGIBILITY >28. 5 grams meth (unless unusual circ. ) PC 1203 . 073 (b) ( 2 ) SECOND CONVICTION OF 11378: 16 months, 2 , 3 yr. 11378 $50 . lab fee 11372. 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: For each prior of 11351, 3 years each 11370 . 2(c) 11351. 5 , 11352 , 11378 , 11378. 5, 11379 , 11379.5 >3 lbs. or 9 gala 3 years 11370 . 4(b) ( 1 ) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) ( 2 ) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) ( 3 ) INELIGIBILITY >28. 5 grams meth (unless unusual circ. ) PC 1203 .073 (b) ( 2 ) Drug prior 11370 5 ' S AL E - METHAMPHETAM 2 NE SENTENCE AUTHORITY FIRST CONVICTION OF 11379 : 2, 3 , 4 years 11379 $50. lab fee 11372 . 5 $100 drug prog. fee 11372. 7 ENHANCEMENTS: - >3 lbs. or 9 gal. 3 years 11370. 4(b) ( 1) >10 lbs. or 33 1/3 gal. 5 years 11370 . 4(b) ( 2 ) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) ( 3 ) INELIGIBILITY >28. 5 grams meth (unless unusual circ. ) PC 1203 . 073 (b) (2 ) SECOND CONVICTION OF 11379 : 2 , 3 , 4 years 11379 $50. lab fee 11372. 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: For each prior of 11351 , 3 years each 11370. 2(b) 11351. 5, 11352 , 113780, 11378. 5, 11379 , 11379. 5 >3 lbs. or 9 gal. 3 years 11370 . 4(b) ( 1) >10 lbs. or 33 1/3 gal. 5 years 11370 . 4(b) (2 ) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) ( 3 ) INELIGIBILITY >28. 5 grams meth (unless unusual circ. ) PC 1203 . 073 (b) ( 2 ) Drug prior 11370 6 PC)S S . F OR S AL E— P C P SENTENCE AUTHORITY FIRST CONVICTION OF 11378 . 5 : 3 , 4 , 5 years 11378. 5 $50. lab fee 11372 . 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: >3 lbs. or 9 gal. 3 years 11370. 4(b) (1 ) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) ( 2) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) ( 3 ) PROBATION INELIGIBILITY >14. 25 grams PCP PC 1203 . 07(a) ( 4) If PCP (unless unusual circ. ) PC 1203(e) ( 8) SECOND CONVICTION OF 11378. 5 : 3 , 4, 5 years 11378. 5 $50. lab fee 11372 . 5 $100 drug prog. fee 11372 . 7 ENHANCEMENTS: For each prior of 11351, 3 years each 11370. 2(c) 11351. 5, 11352 , 11378, 11378. 5, 11379, 11379. 5 >3 lbs. or 9 gal. 3 years 11370. 4(b) (1) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) ( 2) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) (3 ) PROBATION INELIGIBILITY >14. 25 grams PCP PC 1203 . 07(a) ( 4 ) If PCP (unless unusual circ. ) PC 1203 (e) ( 8) Drug prior 11370 7 SENTENCE AUTHORITY FIRST CONVICTION OF 1137.9. 5: 3 , 4, 5 years 11379. 5 $50. lab fee 11372. 5 $100 drug prog. fee 11372.7 ENHANCEMENTS: >3 lbs. or 9 gal. 3 years 11370. 4(b) (1) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) ( 2) >25 lbs. or 62 1/2 gal. 10 years 11370 . 4(b) ( 3 ) PROBATION INELIGIBILITY" If PCP (unless unusual circ. ) PC 1203(e) (8) if PCP PC 1203 . 07(a) (5)+(6 ) SECOND CONVICTION OF 11379. 5: 3 , 4, 5 years 11379. 5 $50. lab fee 11372. 5 $100 drug grog. fee 11372. 7 ENHANCEMENTS: For each priorof11351, 3 years each 11370. 2(b) 11351. 5, 11352, 11378 , 11378. 5.- 11379, 11379.5 >3 lbs. or 9 gal. 3 years 11370.4(b) ( 1) >10 lbs. or 33 1/3 gal. 5 years 11370. 4(b) (2) >25 lbs. or 62 1/2 gal. 10 years 11370. 4(b) ( 3 ) PROBATION INELIGIBILITY" If PCP (unless unusual circ. ) PC 1203(c) (8) If PCP PC 1203.07(a) (5)+( 6 ) Drug prior 11370 **IF PROB. GRANTED-MIN. 180 DAY CJ (UNLESS UNUSUAL CIRC) PC 1203. 076 8 Probation Department Centra Gerald S. Buck Contra. C;os"ia cour�ty County Probation Officer Administrative Offices Costa RE CE"l `c--D 10th Floor County Administration Building J JUN 1 -� 1989 651 Pine Street Martinez, California 94553-1289 Of fico G (415) 646-2700 CoLl!• d!r�! r s +t r To: C. L. Van Marter, Date: 6/14/89 Asst. County Administrator From: Gerald S. Buck, Subject: Suspension of Driver' s Count Probation Officer License for Conviction of Drug Sales It is true that those involved in drug sales reap substantial financial gain and that they spend this money on the symbols society relates to success and power: clothes, cars, jewelry and technological devices. If the removal of these products of. ill gotten gain would be a blow to their ego or status, the best way to accomplish that is through the forfeiture of property laws. Those who sell drugs as a way of life are not too likely to be intimidated by a 14601 CVC arrest (driving without a license) . And, if they were concerned, most could afford to hire a driver. It is my view that removal of a driver' s license is only effective in cases of younger, less serious offenders. Forfeiture of property from those more seriously engaged in drug marketing is, I feel, a much more effective method for drug sales offenders. In the case of juvenile offenders (under 21) , the Court has broad discretion in delaying the driving privilege, suspending, restricting, or revoking the minor' s license to drive. Legislation of 1988 (SB 1300) specified law violations in which the Court is specifically empowered to control the driving privilege of minors. I 've attached a list of offenses specified by SB 1300. I should note the Court is not required to delay, suspend, restrict or revoke under this legislation. The only statutes which link the crime with removal of license currently is that of driving under the influence of drugs or alcohol. I might add that we have several cases of late wherein the youth seller of drugs is not himself a user of drugs. These are entrepreneurs who are simply in the "business" for financial gain. With regard to adults (persons over 21 years) , I will respond to your questions: C. L. Van Marter. -2- 6/14/89 #1: Sentencing options range from probation, probation with jail time, to commitment to state prison. Probation conditions do not specify driving or license restriction unless there was an offense of driving under the influence of drugs or alcohol. #2: Persons convicted of sales of controlled substances are ineligible to receive a suspended sentence (probation) except under special conditions. Second felony convictions within 10 years precludes absolutely a grant of probation. Possession for sale carries a prison commitment of from one to five years depending on the drug. Statutes do .not speak to any authority of the Court to remove the defendant' s driving privilege. #3 : While no mention is made in the Penal Code of restricting driving as a condition of probation, the Court could conceivably order such as a condition of probation if it was felt such a condition would contribute to the rehabilitation of the defendant. The Court would be obliged to establish a nexus between the offense and the defendant' s license to drive. We're not aware of any cases where this has been the case. only the Vehicle Code speaks to the removal of a driver' s license and only when there has been a conviction of driving under the influence of drugs and/or alcohol. #4: I would not recommend legislation to allow or require Courts to restrict or remove the driver' s license of persons who sell drugs. For- juveniles the Court already has this authority; for adults I do not feel it would be an effective deterrent. As I said, I 'd rather see a more active program of property forfeiture. And, by the way, I 'd support Probation being an agency which shares in the revenues generated through forfeiture. This is not currently allowed by law. We placed a bill on the Governor' s desk last year to accomplish this and he vetoed it. GSB:ds Attachments DESC.RJ T.LUN UrLiLJllalytiiL'u v. . ...\V�.V f 3 DO - U.*^ dA.. 2 t a.a^A�o — 'pj1 k vt17 4,LA. sem► BP 4230 Possession of Controlled Substance Without a Prescrintion BP 25658 Selling or Furnishing Alcohol to Minor BP 25661 Using False Identification to Purchase Alcohol BP 25662 Minor in Possession of Alcohol H&S 11000 - 11650 All Offenses Involving Possession, Possession for Sale, or. Sales of Narcotics., Marijuana or Restricted and Dangerous Drugs, and -Offenses of Possession of Para- phernalia, Precursors or Being Under the Influence of Narcotics PC 191. 5 or PC 192 (c F(3) Vehicular Manslaughter - Alcohol Related PC 647 (f). Intoxicated in Public VC .23152 Driving While Intoxicated VC 23153 Driving -While Intoxicated Causing Death or Bodily Injury VC 23220 • Drinking .While Driving VC 23221 Drinking in Motor Vehicle on Highway VC 23222 (x)• Possession of Ooen Container While Driving VC 23222 (bZ Possession of Marijuana While . Driving VC . 23223 Possession of Open Container in Vehicle VC 23224 Possession of Alcohol by Driver or Passenger Under Age of 21 LEGAL SECTIONS . 11351 H&S Unlawful possession of a controlled substance for sale. Penalty 2, 3 or 4 years in state prison. 11351 . 5 H&S Possession of cocaine base for sale. Penalty 3 , 4 or 5 years state prison. 11359 H&S Possession of marijuana for sale. Penalty-state prison/jail, not more than a year. 11590 H&S Requires registration with Chief of Police in city where person resides who is guilty of :. 11351 H&S: Unlawful possession of contraband substance for sale. 11351. 5 H&S: Possession of cocaine base for sale. 11359 H&S: Possession of marijuana for sale. 11361 H&S: Transportation or sale of marijuana. 1203 . 07 PC Ineligibility for probation or suspension of sentence for person committing controlled substance violations. (Must be plead and proved. ) 1203 . 076 PC Controlled substance offenses; confinement in county jail as condition of probation. (Minimum of 180 days in county jail as a condition of probation, if granted. ) 0