Bill Text: CA AB1735 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1735 (Prior Session Legislation)

Bill Title: Nitrous oxide: dispensing and distributing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 458, Statutes of 2014. [AB1735 Detail]

Download: California-2013-AB1735-Chaptered.html

BILL NUMBER: AB 1735	CHAPTERED
	BILL TEXT

	CHAPTER  458
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2014
	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  AUGUST 14, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 23, 2014
	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, 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, if it is known or should have been known
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 a person who dispenses or distributes
nitrous oxide to record each transaction in a written or electronic
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 bill would also make it a misdemeanor to
use, review, or disclose any information obtained from a person to
whom nitrous oxide was distributed or dispensed, except as provided.
By creating a new crime, this bill would impose a state-mandated
local program.
    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.


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, and knows or should know 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 written or electronic 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 wholesaler licensed by the Board of Pharmacy or
manufacturer classified under Code Number 325120 or 424690 of the
North American Industry Classification System (NAICS).
   (f) (1) Information obtained from a person to whom nitrous oxide
was distributed or dispensed pursuant to this section shall be
confidential and shall be used solely for the purposes provided in
this section.
   (2)  Except as provided in this section, a person who dispenses or
distributes nitrous oxide shall not use, review, or disclose any
information obtained pursuant to this section.
   (3) A person who violates this subdivision shall be guilty of a
misdemeanor, punishable 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.
  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.