BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1735|
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THIRD READING
Bill No: AB 1735
Author: Hall (D)
Amended: 7/1/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPRORIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/27/14 - See last page for vote
SUBJECT : Nitrous oxide: dispensing and distributing
SOURCE : California State Sheriffs Association
Los Angeles County Sheriffs Department
DIGEST : This bill makes it a misdemeanor for any person to
dispense or distribute nitrous oxide (N2O) to a person, if it is
known or should have been known that the N2O 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.
ANALYSIS :
Existing law:
1.Provides that any person that possesses N2O or any substance
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containing N2O with the intent to inhale or ingest it for
purposes of intoxication or distorting of the senses or mental
processes, is a guilty of a misdemeanor punishable by
imprisonment in a county jail by a term not to exceed six
months, a fine not to exceed $1,000, or both. Being under the
influence of N2O is also a misdemeanor with the same
penalties.
2.States that every person who sells, furnishes or administers a
device or receptacle containing N2O or a chemical compound
containing N2O 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.
3.Provides that it is a defense to the crime of selling or
dispensing N2O to a minor that the defendant honestly and
reasonably believed that the minor was at least 18 years of
age.
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 N2O to a person
knowing or should know that the N2O will be ingested or
inhaled by the person for the purposes of causing
intoxication, euphoria or stupefaction and that person
proximately cause great bodily injury or death to
himself/herself, or any other person.
2.Requires a person who distributes or dispenses N2O to record
each transaction involving N2O in a written or electronic
document. The person dispensing or distribution the N2O shall
require the purchaser to sign the document, provide a
residential address and present a valid government issued
photo identification. The person dispensing or distributing
the N2O shall sign and date the document and retain it at the
business address for one year from the date of the
transaction.
3.States that a person dispensing or distributing N2O shall make
transaction records available during normal business hours for
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inspection and copying by officers and employees of the 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.
4.Requires that the document used to record each transaction
shall inform the purchaser of all of the following:
A. The inhalation of N2O outside of a clinical setting may
have dangerous health effects;
B. That it is a violation of state law to possess N2O or
any substance containing N2O with the intent to breathe,
inhale, or ingest it for the purpose of intoxication; and
C. That it is a violation of state law to knowingly
distribute or dispense N2O or any substance containing N2O,
to a person who intends to breathe, ingest, or inhale it
for the purpose of intoxication.
1.States that these requirements shall not apply in the
following circumstances:
A. Where N2O is administered for the purpose of providing
medical or dental care 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;
B. Where the N2O is contained in food products for use as a
propellant; and
C. Where a transaction involves a wholesaler licensed by
the Board of Pharmacy or a manufacturer classified, as
specified, under the North American Industry Classification
System (NAICS).
1.States that information obtained from a person to whom N2O was
distributed or dispensed be confidential and shall be used
solely for the specified purposes.
2.States that a person who dispenses or distributes N2O shall
not use, review, or disclose any information obtained and if
violated they shall be guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed six months, or by
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a fine not to exceed $1,000, or by both that fine and
imprisonment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/30/14)
California State Sheriffs' Association (co-source)
Los Angeles County Sheriff's Department (co-source)
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs' Association
OPPOSITION : (Verified 7/30/14)
American Civil Liberties Union
California Automotive Wholesaler's Association
ARGUMENTS IN SUPPORT : The Los Angeles County Sheriff's
Department states:
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.
ARGUMENTS IN OPPOSITION : The American Civil Liberties Union
states in part, "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
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without demonstrating a compelling need for that information and
showing that there are no less intrusive means to achieve that
interest."
ASSEMBLY FLOOR : 76-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea,
John A. P�rez, V. Manuel P�rez, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Gorell, Patterson, Quirk-Silva, Vacancy
JG:k 8/4/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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