Carl DeMaio

Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction.

This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new enhancement, this bill would impose a state-mandated local program.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.