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HomeMy WebLinkAbout2015-04-14 - AGENDA REPORTS - STATE LEG AB 46 (LACKEY) (2)4 Agenda Item: 4 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: A6044. DATE April LIL 2015 SUBJECT STATE LEGISLATION ASSEMBLY 1311,1,46 DEPARTMENT: City Manager's Office PRESENTER: Matthew Levesque RECOMMENDED ACTION City Council adopt the recommendation of the City Council Legislative Subcommittee to support Assembly Bili 46 (Lackey), which increases penalties for possession of controlled substances commoniv refiarred to as "date rape" drugs, and transmit letters of support to Assembly Member Tom Lackey. Santa Chinni's State legislative deleg Tation. appropriate legoislative committees. Governor Brown, and the League of California Cities. BACKGROUND Assembly Bill 46 (AB 46) was introduced by Assembly Member Tom Lackey (R-36-Palmdrde) on December 1. 2014. On November 4, 2014, California voters passed the Safe Neighborhoods ,and Schools Act. also known as Proposition 47. The intent of Proposition 47 was to reduce prison overcrowding by reducing sentencing for many non-scrious and non-violent property and diro, crimes. Under the law. (lie penalties for the possession of many controlled substances were reduced from felonies to misdemeanors. Among the controlled substances for which penalties for possession were reduced, the drugs Ketamine, gamma livdioxybLityric acid (Gl 1B), and flunitrazeparti. which are chuniS Commonly used to incapacitate victims with the intention to commit rape, were also included. Assembly Bill 46 seeks to increase the penalties for possession of Ketamme. G1 1B, and Bumitrazcpim from being penalized as a misdemeanor for individuals without prior convictions for certain crimes, to become a "wobblei." which would provide prosecuting agencies with the discretion to charge the offense as either a misdemeanor or felony regardless of an individual's criminal history. Thejustification behind this legislation is that the drugs Kctamine, G1 1B. and flunitrazepain are not drugs that ire typically used for recreational purposes, rather by those who intend to commit sexual assault. Assembly Bill 46. as amended on March 17, 2015, "as referred to the Assembly Committee on public Safety on March 18, 20 15. Page I Pa