BILL NUMBER: AB 1015 CHAPTERED
BILL TEXT
CHAPTER 266
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
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
(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, 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.
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.
(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.
(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.
(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.