BILL ANALYSIS �
AB 1735
Page 1
Date of Hearing: April 25, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1735 (Hall) - As Introduced: February 14, 2014
As Proposed to be Amended in Committee
SUMMARY : Makes it a misdemeanor for any person to dispense or
distribute nitrous oxide to a person knowing or having reason to
believe that the nitrous oxide will be ingested or inhaled by
the person for the purposes of causing intoxication, and that
person proximately cause great bodily injury or death to
himself, herself, or any other person. Specifically, this bill :
1)Makes it a misdemeanor punishable by a term of imprisonment
not to exceed six months, by a fine not to exceed $1,000, or
both, for any person to dispense or distribute nitrous oxide
to a person knowing or having reason to believe that the
nitrous oxide will be ingested or inhaled by the person for
the purposes of causing intoxication, euphoria, dizziness, or
stupefaction and that person proximately cause great bodily
injury or death to himself, herself, or any other person.
2)Requires a person that distributes or dispenses nitrous to
record each transaction involving nitrous oxide in a physical
written document. The person dispensing or distribution the
nitrous oxide shall require the purchaser to sign the document
and provide a residential address and present a valid
government issued photo identification card. The person
dispensing or distributing the nitrous oxide shall sign and
date the document and retain the document at the business
address for one year from the date of the transaction.
3)States that a person dispensing or distributing nitrous oxide
shall make transaction records available during normal
business hours for inspection and copying by officers and
employees of the California State Board of Pharmacy, or of
other law enforcement agencies of this state or of the United
States upon presentation of a duly authorized search warrant.
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4)Requires that the document used to record each transaction
shall inform the purchaser of all of the following:
a) The inhalation of nitrous oxide may be hazardous to your
health;
b) 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;
c) 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, ingest, or inhale it for the purpose of
intoxication.
d) States that these requirements shall not apply to any
person that administers nitrous oxide for the purpose of
providing medical or dental care if administered by a
medical or dental provider licensed by this state or at the
direction or under the supervision of a practitioner
licensed in this state; and,
e) Provides that these requirements shall not apply to the
sale of nitrous oxide contained in food products for use as
a propellant.
f) States that this section shall apply to the sale or
distribution of nitrous oxide by a licensed manufacturer.
EXISTING LAW :
1)Provides that any person that possesses nitrous oxide or any
substance containing nitrous oxide with the intent to breathe,
inhale, ingest for the purposes of causing a condition of
intoxication, elation, euphoria, dizziness, stupefaction, or
dulling of the senses, or for the purposes of, in any manner,
changing, distorting, or disturbing the audio, visual, or
mental processes, or who knowingly with the intent to do so,
is under the influence of nitrous oxide is a guilty of a
misdemeanor punishable by imprisonment in a county jail by a
term not to exceed six months, by a fine not to exceed $1,000,
or by both imprisonment and a fine. (Pen. Code, � 381 subd.
(b).)
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2)States that every person who sells, furnishes, administers,
distributes, or gives away, or offers to sell, furnish,
distribute, or give away a device, canister, tank, or
receptacle either exclusively containing nitrous oxide, or
exclusively containing a chemical compound containing nitrous
oxide to a person under 18 years of age is guilty of a
misdemeanor punishable by imprisonment in a county jail by a
term not to exceed six months, by a fine not to exceed $1,000,
or by both imprisonment and a fine. The court shall consider
ordering community service as a condition of probation. (Pen.
Code, � 381c subd. (b).)
3)Provides that it is a defense to the crime of selling nitrous
to a minor if the defendant honestly and reasonably believed
that the minor involved in the offense was at least 18 years
of age. The defendant bears the burden of establishing this
defense by a preponderance of the evidence. Pen. Code, � 381c
subd. (c)(1), (2).)
4)Provides that any person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to
any person under 18 years of age shall be guilty of a
misdemeanor and upon conviction shall be fined in a sum of not
less than $1,000, nor more than $2,500, or by imprisonment for
not less than six months nor more than one year. [Pen. Code �
380.)
5)Provides that the sale or distribution of Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person under 18 years of age
a misdemeanor, punishable by imprisonment in a county jail for
not more than six months, by a fine of no more than $1,000, or
by both imprisonment and a fine. (Pen. Code � 379.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1735 will
make it a misdemeanor to knowingly distribute Nitrous Oxide to
a customer for an illegal use and where that person causes
great bodily injury or death, require Nitrous Oxide
AB 1735
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distributors to provide customers with written information on
the dangers of illegal Nitrous Oxide use.
"These safeguards will help to reduce the illegal sale and
consumption of Nitrous Oxide, hold distributors and consumers
accountable to ensure its proper use and ultimately reduce the
number of injuries and violent crimes committed as a result of
illegal NOS consumption throughout California."
2)Argument in Support : The Los Angeles County Sheriff''s
Department argues "Nitrous oxide use has spiked in the last
several years. Social media has become a popular place to
advertise parties that include nitrous oxide. The Department
has investigated murder, assault, rape, vehicle collisions and
other crimes that surround the use of nitrous oxide."
"Oftentimes, businesses that advertise themselves as auto parts
suppliers, conduct a large business as distributors of nitrous
oxide which is used at large parties advertised on social
media. Currently, that practice is not illegal; however,
Assembly Bill 1735 will address this problem."
3)Argument in Opposition : The American Civil Liberties Union
states, "We are concerned about infringing on individual's
right to privacy in their purchases of lawful products by
requiring them to provide their name, address, and driver's
license information. People should not be required to provide
detailed personal information to purchase products. This is
not just an abstract privacy concern, but also a safety issue
because retailers and their employees could use the
information for unauthorized purposes. Finally, the state
should not be requiring the gathering of personal information
without demonstrating a compelling need for that information
and showing that there are no less intrusive means to achieve
that interest."
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Sponsor)
California State Sheriffs' Association
Opposition
AB 1735
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American Civil Liberties Union
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744