Memorandum
To:
W. Richard Staton, Chairman
House Judiciary Committee
From:
M. E. "Mike" Mowery, Chief Counsel
Date:
February 2, 1995
Subject:
Com. Sub. for HB2104
As originally introduced, this bill created a misdemeanor offense, making
it a crime for any person to sniff paint "in any form with the purpose and with
the intent to derive some perverse pleasure, high or intoxication therefrom.
. ." The proposed committee substitute would cover a number of substances,
including paint, by using the phrase "substance containing any chemical
material having the property of releasing toxic vapors or fumes." That phrase
is defined to mean "any glue, cement, adhesive, paint, paint remover or other
chemical compounds containing one or more chemical compounds which
release vapors or fumes causing a condition of intoxication, inebriation,
excitement, stupefaction, or dulling of the brain or nervous system, including,
but not limited to, the following chemical compounds: acetone, an acetate,
benzine, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol,
methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether,
toluol, or toluene." A person who intentionally smells or inhales the fumes
from any such substance would be guilty of a misdemeanor, and be subject to
a fine of not less than twenty-five dollars nor more than one hundred dollars.
The bill would also add a new section to the motor vehicle code, defining
the term "drug" as it is used in DUI offenses. The new definition defines
"drug" to mean "any chemical substance which is or can be ingested, inhaled,
injected, or by any other method placed into the human body which has a
medicinal, intoxicating or narcotic effect, and includes the term "drug" as
defined in section one, article five, chapter thirty of this code, and also
includes a "substance containing any chemical material having the property of
releasing toxic vapors or fumes" as that phrase is defined in section eleven,
article eight, chapter sixty-one of this code.