BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1015| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 1015 Page 2 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 CONTINUED AB 1015 Page 3 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 **** END **** CONTINUED