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California Health and Safety Code Section 11370.2

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 11370.2

11370.2.  (a) Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (b) Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (c) Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378 or 11379 with respect to any substance
containing a controlled substance specified in paragraph (1) or (2)
of subdivision (d) of Section 11055 shall receive, in addition to any
other punishment authorized by law, including Section 667.5 of the
Penal Code, a full, separate, and consecutive three-year term for
each prior felony conviction of, or for each prior felony conviction
of conspiracy to violate, Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether
or not the prior conviction resulted in a term of imprisonment.
   (d) The enhancements provided for in this section shall be pleaded
and proven as provided by law.
   (e) The conspiracy enhancements provided for in this section shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (f) Prior convictions from another jurisdiction qualify for use
under this section pursuant to Section 668.


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Last modified: March 17, 2014