BILL ANALYSIS
AB 1015
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1015 (Torlakson)
As Amended July 9, 2009
Majority vote
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|ASSEMBLY: |78-1 |May 28, 2009 |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor to sell or furnish nitrous
oxide to a minor.
The Senate amendments :
1)Reduce the punishment for the misdemeanor of selling or
furnishing to any person under 18, any canister receptacle,
tank, etc. containing nitrous oxide or a compound mixed with
nitrous oxide from imprisonment in a county jail not to exceed
one year to imprisonment not to exceed six months.
2)Add that the court shall consider ordering a person convicted
of this offense to perform community service as a condition of
probation.
3)Require suspension of the business license, for a period of up
to one year for knowing, repeat violations.
4)Provide 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.
EXISTING LAW provides that:
1)Possession of nitrous oxide with the intent to ingest for the
purposes of intoxication is a misdemeanor.
2)Intentionally being under the influence of nitrous oxide is a
misdemeanor, except pursuant to legitimate medical or dental
use.
AS PASSED BY THE ASSEMBLY, this bill:
AB 1015
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1)Provided 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)Provided 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)Defined "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)Provided 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)Provided that this section shall not apply to California
licensed medical or dental practitioners administering nitrous
oxide for medical or dental care.
6)Provided that nitrous oxide as used in this section refers to
N2O, dnitrogen monoxide, dnitrogen oxide, nitrogen oxide, and
laughing gas.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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.
"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
AB 1015
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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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0002174