BILL ANALYSIS
AB 1015
Page 1
Date of Hearing: April 14, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1015 (Torlakson) - As Introduced: February 27, 2009
As Proposed to be Amended in Committee
SUMMARY : Makes it a misdemeanor to sell or furnish nitrous
oxide to a minor, punishable by imprisonment, a fine, and
suspension of business license. Specifically, this bill :
1)Provides that a person who sells, furnishes, or offers to sell
or furnish a canister, tank, or receptacle containing nitrous
oxide to a minor under the 18 years of age is guilty of a
misdemeanor, punishable by a fine of up to $2,500,
imprisonment in county jail for not more than one year, or
both.
2)Provides that a person, corporation, retailer, or employee of
a retailer who sells or gives nitrous oxide to a minor without
first obtaining proper proof of identity and age is guilty of
a misdemeanor.
3)Defines "proof of identity and age of majority" as a valid
passport, Armed Forces identification card, or valid motor
vehicle operator's license or identification card.
4)Provides that on or after July 2010, the court shall order a
one-year suspension of the business license for a second
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.
5)Provides that this section shall not apply to California
licensed medical or dental practitioners administering nitrous
oxide for medical or dental care.
6)Provides that nitrous oxide as used in this section refers to
N20, dnitrogen monoxide, dnitrogen oxide, nitrogen oxide, and
laughing gas.
AB 1015
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EXISTING LAW :
1)Provides that possession of nitrous oxide with the intent to
ingest for the purposes of intoxication is a misdemeanor.
[Penal Code Section 381(b).]
2)Provides that intentionally being under the influence of
nitrous oxide is a misdemeanor, except pursuant to legitimate
medical or dental use. [Penal Code Section 381(b).]
3)Provides that any person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to
any person under 18 years of age shall be guilty of a
misdemeanor and upon conviction shall be fined in a sum of not
less than $1,000, nor more than $2,500, or by imprisonment for
not less than six months nor more than one year. [Penal Code
Section 380.]
4)Provides that it shall be unlawful for any person, firm or
corporation, except a parent or legal guardian, to sell or
give or in any way furnish to another person, who is in fact
under the age of 18 years, any etching ream or aerosol
container of paint that is capable of defacing property
without first obtaining bona fide evidence of majority and
identity. [Penal Code Section 594.1(a)(1).]
5)Provides that the sale or distribution of Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person under 18 years of age
a misdemeanor, punishable by imprisonment in a county jail for
not more than six months, by a fine of no more than $1,000, or
both. [Penal Code Section 379.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Young people
looking for a quick and cheap high 'sniff' or 'huff' the fumes
and vapors of many common household and commercial products,
the most common of which is nitrous oxide or 'laughing gas'.
Unfortunately, many youth who use inhalants fail to realize
that even a single session of repeated inhalant abuse can lead
to permanent brain damage or death.
AB 1015
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"American youth start abusing inhalants as young as 3rd grade
and continue into their high schools years. In fact, inhalant
abuse is second only to marijuana in terms of adolescent drug
use according to the 12th Biennial California Student Survey
that was conducted during the 2007-08 school year by the Crime
and Violence Prevention Center, California Attorney General's
Office.
"Inhalant abuse affects all youth and cuts across all
geographic, socio-economic, racial and ethnic boundaries."
2)Background : According to the background submitted by the
author, ""Inhalant abuse is the fastest growing form of
substance abuse facing youth in this country. Youth are
inhaling dangerous toxic chemicals for intoxication without
being aware of the serious consequences that can result. Even
a single session of repeated inhalant abuse can cause death
from cardiac arrest or asphyxiation. Inhalants can be
addictive both physically and psychologically, and can cause
permanent damage to the brain, nervous system, lungs and
liver.
"The overwhelming substance of choice for most youth who abuse
inhalant abuse is nitrous oxide, which is often referred to as
'laughing gas' as commonly administered by dentists.
"Recently, the National Institute on Drug Abuse and University
of Michigan released 2008 Monitoring the Future Study Drug
Data Tables, which found that among students surveyed 15.7% of
eighth graders, 12.8% of tenth graders, and 9.9% of twelfth
graders reported use of inhalants.
"Under current law, nitrous oxide, particularly in the form of
'whippets', is being sold legally to children. These whippets
are found in corner markets throughout the Los Angeles area.
"Remarkably, there is no current law that makes it unlawful to
sell or provide nitrous oxide to minors despite it being life
threatening and deleterious to the health and safety of our
youth.
"Penal Code section 381b recognizes the lethal danger of nitrous
oxide abuse by making it unlawful for a person to be found in
possession of nitrous oxide or any substance containing
nitrous oxide with the intent to use for the purpose of
AB 1015
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becoming under the influence. The infirmity in this code
section is the inability by law enforcement to prove in a
court of law that the person was in possession for the purpose
of becoming intoxicated unless law enforcement observe the
individual inhaling the nitrous oxide. Further, this section
does not adequately curtail access of nitrous oxide by youth,
a demographic studies confirm are most susceptible to inhalant
abuse.
"This bill would provide the same penalties for furnishing
nitrous oxide to minors as currently in the penal code for
other inhalants, per Section 381."
3)Other Uses : Nitrous oxide is commercially sold in a steel
cylinder or cartridge primarily as a whipping agent for use in
a whip cream dispenser and in some cooking sprays. Nitrous
oxide is commonly used in coffee shops and restaurants to make
whipped cream as its bacteriostatic properties keep bacteria
from growing and because nitrous oxide produces a lighter,
fluffier whipped cream. Nitrous oxide is also used as an
oxidizer in model rockets and motor vehicle racing due to its
low temperature and high oxygen content.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles Unified School District (Co-Sponsor)
California District Attorneys Association
California State Sheriffs Association
Chief Probation Officers of California
California Narcotic Officers Association
California Police Chiefs Association
California Peace Officers' Association
Opposition
None
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744