Section 1170.82 Of Article 1. Initial Sentencing From California Penal Code >> Title 7. >> Part 2. >> Chapter 4.5. >> Article 1.
1170.82
. Upon a conviction of a violation of Section 11352, 11360,
11379, or 11379.5 of the Health and Safety Code, the fact that the
person who committed the offense knew, or reasonably should have
known, that any of the following circumstances existed with regard to
the person to whom he or she unlawfully sold, furnished,
administered, or gave away a controlled substance, shall be a
circumstance in aggravation of the crime in imposing a term pursuant
to subdivision (b) of Section 1170:
(a) The person was pregnant at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.
(b) The person had been previously convicted of a violent felony,
as defined in subdivision (c) of Section 667.5.
(c) The person was in psychological treatment for a mental
disorder or for substance abuse at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.