BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1015
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1015 (Torlakson)
          As Amended  September 3, 2009
          Majority vote
           
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          |ASSEMBLY:  |78-1 |May 28, 2009    |SENATE: |40-0 |(September 9,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Makes it a misdemeanor for a person to sell or furnish  
          to a person under the age of 18 years a canister or device  
          containing nitrous oxide or a chemical compound mixed with  
          nitrous oxide.      

           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.

          5)Add to the defense of reasonable belief that the minor  
            involved in the offense was at least 18 years of age the  
            requirement that the defendant also honestly so believed.

          6)Add a requirement that the defendant shall bear the burden of  
            establishing, by a preponderance of the evidence,  the defense  
            of honest and reasonable belief that the minor involved in the  
            offense was at least 18 years of age









                                                                  AB 1015
                                                                  Page  2

          7)State that for the purpose of preventing a violation of this  
            section, any person may refuse to sell or furnish a device 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.

          8)Make non-substantive, technical changes.  

           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:

          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  








                                                                  AB 1015
                                                                  Page  3

            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  
          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:  
          0003131