BILL NUMBER: AB 1735 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
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 amended, 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 person is going to use the nitrous oxide in violation of the
above provisions, and that person proximately causes great bodily
injury or death to himself, herself, or another person, punishable by
imprisonment in a county jail not to exceed 6 months, or by a fine
not to exceed $1,000, or by both that fine and imprisonment. 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, upon presentation of a duly
authorized search warrant, 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 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) A person who dispenses or
distributes nitrous oxide to a person, knowing or having reason to
believe that the person is going to use the nitrous oxide in
violation of Section 381b, and that person proximately causes great
bodily injury or death to himself, herself, or another person, is
guilty of a misdemeanor, and shall be punished by imprisonment in a
county jail, not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(b) This section shall not preclude prosecution under any other
law.
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, upon presentation of a duly
authorized search warrant, 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 outside of a clinical
setting 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) 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.
(d) This section does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.
(e) This section shall not apply to the sale or distribution of
nitrous oxide by a licensed manufacturer
manufacturer classified under Code Numbers 325120 or 424690 of the
North American Industry Classification System (NAICS) .
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.