BILL NUMBER: AB 1015 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2009
AMENDED IN ASSEMBLY MAY 26, 2009
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
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 majority, require
a court to suspend the business license of a repeat offender under
these provisions, except as specified. The bill would provide
that its provisions do not apply to the sale of nitrous oxide
contained in food products for use as a propellant or to the
administration of nitrous oxide by licensed medical and dental
practitioners or those they supervise, as specified . By
creating a new crimes crime
, 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, or 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) (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.
(2) For the purposes of this subdivision, "proper proof of
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.
(d)
(c) On and after July 1, 2010, the court shall order
the suspension of the business license, for a period of up to
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.
(e)
(d) 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.
(f)
(e) This section does not apply to the sale of nitrous
oxide contained in food products for use as a propellant.
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.