BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1015|
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                                 THIRD READING


          Bill No:  AB 1015
          Author:   Torlakson (D), et al
          Amended:  7/9/09 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE :  7-0, 7/7/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  78-1, 5/28/09 - See last page for vote


           SUBJECT  :    Nitrous oxide: prohibit sale to minors

           SOURCE  :     Los Angeles City Attorney


           DIGEST  :    This bill provides that the sale or furnishing  
          of nitrous oxide to a minor is a misdemeanor.  This bill  
          also provides that the business license of a person who has  
          been convicted of this crime for a second time shall be  
          suspended for up to one year, unless the business license  
          owner demonstrates good faith efforts to prevent sales of  
          nitrous oxide to minors by the business license owner's  
          employees.

           ANALYSIS  :    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  
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          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 provides 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.  This bill specifies  
          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.  This bill requires a court  
          to suspend the business license of a repeat offender under  
          these provisions, except as specified.  This bill provides  
          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/20/09)

          Los Angeles City Attorney (source) 
          California District Attorneys Association
          California Narcotic Officers Association
          California Peace Officers' Association
          California Police Chiefs Association
          California State PTA
          California State Sheriffs Association
          Chief Probation Officers of California
          City of Los Angeles 
          Los Angeles Unified School District


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               Remarkably, there is no current law that makes it  
               unlawful to sell or provide nitrous oxide to minors  

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               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 becoming under the  
               influence.  

               This section does not adequately curtail access of  
               nitrous oxide to youth, and demographic studies  
               confirm that youth are most susceptible to inhalant  
               abuse.  Current law makes it illegal for a youth to  
               possess nitrous oxide for purposes of intoxication,  
               but does not make it illegal for persons or commercial  
               stores to sell nitrous oxide to minors.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
          NOES:  Tom Berryhill
          NO VOTE RECORDED:  Duvall


          RJG:nl  7/21/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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