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SB-860 Stun guns.(2007-2008)

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SB860:v98#DOCUMENT

Amended  IN  Senate  January 07, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 860

Introduced  by  Senator Correa

February 23, 2007

An act to amend Section 244.5 of, and to add Chapter 4.5 (commencing with Section 12430) to Title 2 of Part 4 of, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 860, as amended, Correa. Stun guns.
Existing law makes it an offense unlawful to assault a person, or to assault a peace officer or firefighter during the performance of his or her duties, as specified, with a stun gun or a taser. Existing law defines “stun gun” as any item, except a taser, used or intended to be used as a weapon that is capable of temporarily immobilizing a person by infliction of an electrical charge.
This bill would express the Legislature’s intent to enact legislation revising the definition of stun guns eliminate the reference to a taser in the definition of “stun gun,” and in the elements of that offense. The bill would make it a felony to commit an assault against a peace officer with a remote stun gun, as defined.
This bill would also require any person selling a “permissible remote stun gun,” as defined, to register the identity of the purchaser with the manufacturer of the remote stun gun and would make a violation of that provision a misdemeanor. A person with one or more specified attributes would be prohibited from purchasing, owning, carrying, using, or having in his or her possession a permissible remote stun gun. In addition, the bill would make it a misdemeanor for a person to purchase, acquire, carry, use, or have in his or her possession any remote stun gun that is not a permissible remote stun gun. By changing the definition of a crime and creating new crimes, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 244.5 of the Penal Code is amended to read:

244.5.
 (a) (1) As used in this section, “stun gun” means any item, except a taser, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.
(2) As used in this section, the definition of “remote stun gun” in Section 12430 applies.
(b) Every person who commits an assault upon the person of another with a stun gun or taser or remote stun gun shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment in the state prison for 16 months, two years, or three years.
(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or taser, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.

SEC. 2.

 Chapter 4.5 (commencing with Section 12430) is added to Title 2 of Part 4 of the Penal Code, to read:
CHAPTER  4.5. Remote Stun Guns

12430.
 As used in this chapter, the following terms apply:
(a) “Remote stun gun” means an electronic device that emits an electrical charge and is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes attached to the device, or through a spark, plasma, ionization, or other conductive means emitting from the device.
(b) “Permissible remote stun gun” means a remote stun gun having all of the following:
(1) An output specification of all of the following:
(A) An electrical discharge of less than 100,000 volts.
(B) An average current of less than 6 milliamperes.
(C) A net charge per pulse of less than 500 microcoulombs.
(D) A pulse rate of less than 70 pulses per second.
(E) The range of the tethered projectiles from a permissible remote stun gun sold to the general public shall not exceed 15 feet. This restriction does not apply to devices sold to law enforcement officers, correctional officers, and security guards.
(2) An identification and tracking system that, in the course of an investigation, can and shall be made available to any law enforcement agency upon request.
(3)  A training program offered by the manufacturer.

12431.
 (a) Any person selling a permissible remote stun gun which is activated shall register the identity of the purchaser with the manufacturer of the remote stun gun. The identification of the purchaser shall be verified with a government-issued identification, or by verifying the address and last four digits of the social security number of the purchaser.
(b) The following persons are prohibited from purchasing, owning, carrying, using, or having in his or her possession a permissible remote stun gun:
(1) A person under the age of 18 years.
(2) A person convicted of a felony offense.
(3) A person who is required to register as a sex offender pursuant to Section 290.
(4) A person who is on a federal terrorist watch list.
(c) Any person purchasing a permissible remote stun gun shall be subject to a background check facilitated by the manufacturer of the remote stun gun. The background check shall include all of the following:
(1) Verification of the address and social security number of the purchaser.
(2) Verification of the identity of the purchaser.
(3) Verification that the person is not prohibited pursuant to subdivision (b) from purchasing, owning, carrying, using, or having in his or her possession a permissible remote stun gun.
(d) Failure of a seller to properly register the identity of a purchaser is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000).
(e) Any person purchasing and possessing a permissible remote stun gun that is inactive shall register that device with the manufacturer prior to activation. The identification of the purchaser shall be verified as specified in subdivision (a).

12432.
 (a) Any person who purchases, acquires, carries, uses, or has in his or her possession a remote stun gun, which is not a permissible remote stun gun, is guilty of a misdemeanor, punishable by imprisonment in the state prison or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) Any person who purchases, or has in his or her possession, an activated unregistered permissible remote stun gun is guilty of a misdemeanor, punishable as described in subdivision (a).

12433.
 Any person who commits an assault upon a peace officer engaged in the performance of his or her duties with a remote stun gun or permissible remote stun gun is guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years.

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.
SECTION 1.

It is the intent of the Legislature to enact legislation revising the definition of stun guns.