BILL NUMBER: AB 1015 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Torlakson
( Coauthor: Assembly Member
V. Manuel Perez )
( Coauthor: Senator Padilla
)
FEBRUARY 27, 2009
An act to add Section 381c to the Penal Code, relating to nitrous
oxide.
LEGISLATIVE COUNSEL'S DIGEST
AB 1015, as amended, 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 ,
canister, tank, or receptacle exclusively containing nitrous
oxide , or exclusively containing a chemical compound
mixed with 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
also make it a misdemeanor for any person,
corporation, retailer, or employee of a retailer selling nitrous
oxide to sell, give away, or in any way furnish to another person who
is in fact under 18 years of age any canister, tank, or receptacle
either exclusively containing nitrous oxide, or exclusively
containing a chemical compound mixed with nitrous oxide,
without first obtaining proper proof of identity and age of minority,
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 N 2
O , 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, canister, tank, or receptacle 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 punishable by a fine not
to exceed two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for a period of not more than one
year, or by both that fine and imprisonment. .
(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.
(c) (1) Every person, corporation, retailer, or employee of a
retailer selling nitrous oxide who sells, gives away, or in any way
furnishes to another person who is in fact under 18 years of age, any
canister, tank, or receptacle either exclusively containing nitrous
oxide, or exclusively containing a chemical compound mixed with
nitrous oxide, without first obtaining proper proof of identity and
age of majority is guilty of a misdemeanor.
(3)
(2) For the purposes of this subdivision, "proper proof
of age identity and age of majority "
means a valid passport, Armed Forces identification card, or valid
motor vehicle operator's license or identification card that
indicates that the person is 18 years of age or older .
(f)
(d) 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)
(e) 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.