BILL NUMBER: AB 1015	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 9, 2009
	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 specify that it is a defense to this crime that the
defendant reasonably believed that the minor involved in the offense
was at least 18 years of age.  The bill would 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 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.   misdemeanor. The
court shall consider ordering the person to perform community service
as a condition of probation.  
   (c) It is a defense to this crime that the defendant reasonably
believed that the minor involved in the offense was at least 18 years
of age.  
   (c) 
    (d)  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. 
   (d) 
    (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. 
   (e) 
    (f)  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.