BILL NUMBER: AB 1015	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2009
	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   Coauthors:  
Assembly Members   John A. Perez   and 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 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 the court to  
consider ordering a defendant to perform community service as a
condition of probation.  The bill would specify that it is a
defense to this crime that the defendant  honestly and 
reasonably believed that the minor involved in the offense was at
least 18 years of age.  A defendant who uses this defense would
have the burden of proof by a preponderance of the evidence. The bill
would further provide that, for the purpose of preventing a
violation of the requirement, any person may refuse to sell 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 who is unable to
produce adequate proof of age of majority.  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. The court shall consider ordering the
person to perform community service as a condition of probation.
   (c)  (1)    It is a defense to this crime that
the defendant  honestly and  reasonably believed that the
minor involved in the offense was at least 18 years of age. 
   (2) The defendant shall bear the burden of establishing this
defense by a preponderance of the evidence.  
   (d) For the purpose of preventing a violation of this section, any
person may refuse 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 who is unable to
produce adequate proof of age of majority.  
   (d) 
    (e)  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 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) 
    (f)  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) 
    (g)  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.
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