California 2009-2010 Regular Session Status: Enacted

AB 1015 — Nitrous oxide: prohibit sale to minors.

Last action — Chaptered by Secretary of State - Chapter 266, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 provide, in addition, 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. The bill would require the court to consider ordering a defendant to perform community service as a condition of probation. The bill would specify that it is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age. A defendant who uses this defense would have the burden of proof by a preponderance of the evidence. The bill would further provide that, for the purpose of preventing a violation of the requirement, any person may refuse to sell or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority. The bill would require a court to suspend the business license of a repeat offender under these provisions, except as specified. The bill would provide 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. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 266, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3353.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 40. Noes 0. Page 2341.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  11. In Senate. Held at Desk.

  12. Ordered returned to Senate.

  13. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  14. Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 1926.)

  15. Ordered to Special Consent Calendar.

  16. Read second time. To third reading.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  18. Read second time, amended, and re-referred to Com. on APPR.

  19. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 7).

  20. In committee: Set, first hearing. Testimony taken. Further hearing to be set.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  22. Referred to Com. on PUB. S.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time, passed, and to Senate. (Ayes 78. Noes 1. Page 1736.)

  25. Read third time, amended, and returned to third reading. (Page 1680.).

  26. From Consent Calendar. To third reading.

  27. Read second time. To Consent Calendar.

  28. From committee: Do pass. To Consent Calendar. (May 13).

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 14).

  32. Referred to Com. on PUB. S.

  33. Read first time.

  34. From printer. May be heard in committee March 30.

  35. Introduced. To print.

Sponsors

  • John A. Perez · Cosponsor
  • V. Manuel Perez · Cosponsor
  • Padilla · Cosponsor
  • Torlakson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Torlakson

Co-sponsors (3)

  • John A. Perez
  • V. Manuel Perez
  • Padilla

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1015 TORLAKSON Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 2001
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Hagman — Yea
Adams — Yea
Anderson — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Huber — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Charles — Not Voting
Yamada — Yea
Bass — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #20 AB1015 Torlakson By Padilla

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Cox — Yea
Ducheny — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Simitian — Yea
Walters — Yea
Corbett — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #15 AB1015 Torlakson

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Benoit — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Not Voting
Price — Yea
Romero — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Steinberg — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1015 TORLAKSON Assembly Third Reading

Passed 89 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 81201
Democratic 5000
Republican 3000
Total 89201
% of votes cast 97%2%0%1%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Hernandez — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Tom — Nay
Berryhill — Nay
Yamada — Yea
Duvall — Not Voting
Bass — Yea
Ruskin — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Silva — Yea
Skinner — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Davis — Yea
Duvall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Harkey — Yea
Price — Yea
Skinner — Yea
Audra — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1015 do?
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 provide, in addition, 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. The bill would require the court to consider ordering a defendant to perform community service as a condition of probation. The bill would specify that it is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age. A defendant who uses this defense would have the burden of proof by a preponderance of the evidence. The bill would further provide that, for the purpose of preventing a violation of the requirement, any person may refuse to sell or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to produce adequate proof of age of majority. The bill would require a court to suspend the business license of a repeat offender under these provisions, except as specified. The bill would provide 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. 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.
Who sponsors AB 1015?
AB 1015 is sponsored by John A. Perez, V. Manuel Perez, Padilla, and Torlakson.
What is the current status of AB 1015?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1015?
Track AB 1015 free on One Click Politics — get push/email alerts when it moves.

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