House of Representatives

HB 2011

nitrous oxide

Sponsors: Representative Gleason

 

DPA
S/E

Committee on Judiciary

DPA

Caucus and COW

This bill as introduced contains an Emergency clause.

X

As Transmitted to the Governor

 

HB 2011 makes nitrous oxide an unlawful vapor-releasing substance containing a toxic substance for purposes of Arizona’s criminal code.

 

History

 

Nitrous oxide is commonly known as laughing gas.  Currently, Arizona law does not address the use of nitrous oxide by persons except to require supervision of dental hygienists who administer the chemical to patients.

 

Provisions

 

·                      Prohibits selling, giving or delivering a container exclusively containing nitrous oxide to a person under 18 years of age.  Makes a violation of this law a Class 5 felony (1.5 years in prison/up to $150,000 fine for persons; up to $1,000,000 for enterprises).  Authorizes the court to enter a judgment of conviction for a Class 1 misdemeanor (up to six months in jail/up to $2,500 fine for persons; up to $20,000 fine for enterprises).  Specifies that the sentence will be designated a felony until the court designates it as a misdemeanor.

 

·                      Requires an operator or employee of a business with reason to question whether a person trying to obtain a nitrous oxide container is under 18 years of age to ask for proof of age.  Sets forth acceptable forms of identification.

 

·                      Specifies that an operator or employee of a business who sells a nitrous oxide container to a person under 18 years of age without recording and retaining proof of the person’s age is deemed to have constructive knowledge of the person’s age.

 

·                      Makes obtaining a nitrous oxide container by misrepresenting a person’s age a Class 1 misdemeanor.

 

·                      Makes a person under 18 years of age who solicits another person to obtain a nitrous oxide container guilty of a Class 3 misdemeanor (up to 30 days in jail/up to $500 fine for persons; up to $2,000 fine for enterprises).

 

·                      Provides for suspension of the right to apply or to have a driver license if a person uses a driver or nonoperating identification license to misrepresent the person’s age to obtain a nitrous oxide container.

 

·                      Makes knowingly influencing the sale, giving or serving of a nitrous oxide container to a person under 18 years of age by misrepresenting the person’s age a Class 1 misdemeanor.

 

·                      Defines nitrous oxide container as any container or canister that exclusively contains nitrous oxide.

 

·                      Provides for driver license suspension of not less than six months for a first conviction of using a false or unlawfully issued license to obtain a nitrous oxide container.  Provides for driver license suspension of not less than 12 months for a second or subsequent conviction.

 

·                      Contains an emergency clause.

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                               April 9, 2001

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