BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1015|
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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
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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
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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
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