BILL NUMBER: AB 1735	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 14, 2014

   An act to add Sections 381d and 381e to the Penal Code, relating
to nitrous oxide.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1735, as introduced, Hall. Nitrous oxide: dispensing and
distributing.
   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 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 would make it a misdemeanor to dispense or distribute
nitrous oxide to a person, knowing or having reason to believe that
the nitrous oxide will be used in violation of the above provisions.
The bill would impose a mandatory fine of $1,000 for a first
conviction, a mandatory fine of $2,000 for a 2nd conviction, and a
mandatory fine of $5,000 for a 3rd or subsequent conviction, and
would allow the crime to also be punished by imprisonment in a county
jail, not to exceed 6 months. By creating a new crime, this bill
would impose a state-mandated local program.
   The bill would require any person who dispenses or distributes
nitrous oxide to record each transaction in a physical written
document, as provided, and would require the person to make the
document available for inspection during normal business hours to
officers or employees of the California State Board of Pharmacy or
other law enforcement agencies. The bill would require the purchaser
to sign the document and provide a government-issued photo
identification and residential address. The bill would require the
person dispensing or distributing the nitrous oxide to mark the
packaging or tank containing the nitrous oxide with a label that
identifies the person who dispensed or distributed the nitrous oxide
and the person's business address.
   The bill would require each cartridge or tank of nitrous oxide to
be as a printed warning, as specified.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 381d is added to the Penal Code, to read:
   381d.  A person who dispenses or distributes nitrous oxide to a
person, knowing or having reason to believe that the nitrous oxide
will be used in violation of Section 381b, is guilty of a
misdemeanor, and shall be punished by a mandatory fine of one
thousand dollars ($1,000) upon a first conviction, by a mandatory
fine of two thousand dollars ($2,000) upon a second conviction, and
by a mandatory fine of five thousand dollars ($5,000) upon a third or
subsequent conviction; and may also be punished by imprisonment in a
county jail, not exceeding six months.
  SEC. 2.  Section 381e is added to the Penal Code, to read:
   381e.  (a) A person who dispenses or distributes nitrous oxide
shall record each transaction involving the dispensing or
distribution of nitrous oxide in a physical written document. The
person dispensing or distributing the nitrous oxide shall require the
purchaser to sign the document and provide a complete residential
address and present a valid government-issued photo identification.
The person dispensing or distributing the nitrous oxide shall sign
and date the document and shall retain the document at the person's
business address for one year from the date of the transaction. The
person shall make the documents available during normal business
hours for inspection and copying by officers or employees of the
California State Board of Pharmacy or of other law enforcement
agencies of this state or the United States.
   (b) The document used to record each transaction shall inform the
purchaser of all of the following:
   (1) That inhalation of nitrous oxide may have dangerous health
effects.
   (2) That it is a violation of state law to possess nitrous oxide
or any substance containing nitrous oxide, with the intent to
breathe, inhale, or ingest it for the purpose of intoxication.
   (3) That it is a violation of state law to knowingly distribute or
dispense nitrous oxide or any substance containing nitrous oxide, to
a person who intends to breathe, inhale, or ingest it for the
purpose of intoxication.
   (c) Each cartridge or tank of nitrous oxide dispensed or
distributed in this state, other than those intended for use by a
medical or dental practitioner, shall bear the following printed
warning:

   "Do not inhale contents. Misuse may be dangerous to your health"

   (d) Each time a person dispenses or distributes nitrous oxide, the
person shall mark the packaging or tank containing the nitrous oxide
with a label or other device that identifies the person who
dispensed or distributed the nitrous oxide and the person's business
address.
   (e) This section shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care, if
administered by a medical or dental practitioner licensed by this
state or at the direction or under the supervision of a practitioner
licensed by this state.
   (f) This section does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.