BILL NUMBER: AB 1015	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 27, 2009

   An act to add Section 381c to the Penal Code, relating to nitrous
oxide.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1015, as introduced, Torlakson. Nitrous oxide: prohibit sale to
minors.
   Existing law makes it a misdemeanor for any person to possess
nitrous oxide or any substance containing nitrous oxide, with the
intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness,
stupefaction, or dulling of the senses or for the purpose of, in any
manner, changing, distorting, or disturbing the audio, visual, or
mental processes, or to knowingly and with the intent to do so be
under the influence of nitrous oxide or any material containing
nitrous oxide.
   This bill would provide, in addition, that it is a misdemeanor,
punishable as specified, to sell or give away a device containing
nitrous oxide to a person under 18 years of age, as specified. The
bill would require every retailer selling devices exclusively
containing nitrous oxide to require specified purchasers to exhibit
proper proof of age, as specified. A retailer convicted 2 or more
times of any of the bill's provisions would be subject to a
suspension of its business license, as specified. By creating new
crimes, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 381c is added to the Penal Code, to read:
   381c.  (a) As used in this section, "nitrous oxide" refers to any
of the following substances: N2O, dinitrogen monoxide, dinitrogen
oxide, nitrogen oxide, and laughing gas.
   (b) Every person who sells, furnishes, administers, distributes,
gives away, or offers to sell, furnish, administer, distribute, or
give away a device, either exclusively containing nitrous oxide or
exclusively containing a chemical compound mixed with nitrous oxide,
to a person under 18 years of age is guilty of a misdemeanor.

   (c) Every person who sells, furnishes, administers, distributes,
gives away, or offers to sell, furnish, administer, distribute, or
give away a device, either exclusively containing nitrous oxide or
exclusively containing a chemical compound mixed with nitrous oxide,
to a person under 18 years of age, for the purpose of causing a
condition of intoxication, euphoria, excitement, exhilaration,
stupefaction, or dulling of the senses or nervous system is guilty of
a misdemeanor and is punishable by a fine not exceeding two thousand
five hundred dollars ($2,500), by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
   (d) Every person who possesses a device, either exclusively
containing nitrous oxide or exclusively containing a chemical
compound mixed with nitrous oxide, with the intent that the nitrous
oxide be sold, furnished, administered, distributed, or given away to
a person under 18 years of age is guilty of a misdemeanor and is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment.
   (e) (1) Every retailer, or employee of a retailer, selling devices
exclusively containing nitrous oxide shall require a person who is
purchasing a device exclusively containing nitrous oxide and whose
age is in question to exhibit proper proof of age.
   (2) Any person who violates this subdivision is guilty of a
misdemeanor.
   (3) For the purposes of this subdivision, "proper proof of age"
means a valid passport, Armed Forces identification card, or valid
motor vehicle operator's license or identification card.
   (f) On and after July 1, 2010, the court shall order the
suspension of the business license, for a period of one year, of a
person who knowingly violates any of the provisions of this section
after having been previously convicted of a violation of this
section, unless the owner of the business license can demonstrate a
good faith attempt to prevent illegal sales or deliveries by the
owner's employees.
   (g) This section shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care, if
administered by a medical or dental practitioner licensed by this
state, or at the direction or under the supervision of a practitioner
licensed by this state.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.