Senate Bill sb0214c1
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Florida Senate - 2006 CS for SB 214
By the Committee on Criminal Justice; and Senator Wise
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1 A bill to be entitled
2 An act relating to dart-firing stun guns;
3 amending s. 790.001, F.S.; defining the term
4 "dart-firing stun gun" for purposes of ch. 790,
5 F.S., relating to weapons and firearms;
6 deleting the definition of the term "remote
7 stun gun"; amending ss. 790.01 and 790.053,
8 F.S., relating to the carrying of concealed
9 weapons and the open carrying of weapons;
10 conforming provisions to the change in the
11 definition made by the act to authorize the
12 carrying of a dart-firing stun gun for purposes
13 of lawful self-defense; amending s. 790.054,
14 F.S.; providing that it is a third-degree
15 felony to use a dart-firing stun gun against an
16 on-duty law enforcement officer; creating s.
17 943.1717, F.S.; providing circumstances during
18 which law enforcement, correctional, and
19 correctional probation officers may employ a
20 dart-firing stun gun; requiring the Criminal
21 Justice Standards and Training Commission to
22 establish standards for instruction in the use
23 of dart-firing stun guns; requiring that a
24 minimum number of hours in such training be
25 included in the basic-skills course required
26 for certification; requiring annual training
27 for certain officers; providing an effective
28 date.
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30 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2006 CS for SB 214
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1 Section 1. Subsection (15) of section 790.001, Florida
2 Statutes, is amended to read:
3 790.001 Definitions.--As used in this chapter, except
4 where the context otherwise requires:
5 (15) "Dart-firing Remote stun gun" means any nonlethal
6 device having one or more with a tethered darts that are
7 capable of delivering an electrical current range not to
8 exceed 16 feet and which shall utilize an identification and
9 tracking system which, upon use, disperses coded material
10 traceable to the purchaser through records kept by the
11 manufacturer on all remote stun guns and all individual
12 cartridges sold which information shall be made available to
13 any law enforcement agency upon request.
14 Section 2. Subsections (4) and (5) of section 790.01,
15 Florida Statutes, are amended to read:
16 790.01 Carrying concealed weapons.--
17 (4) It is not a violation of this section for a person
18 to carry for purposes of lawful self-defense, in a concealed
19 manner:
20 (a) A self-defense chemical spray.
21 (b) A nonlethal stun gun or dart-firing remote stun
22 gun or other nonlethal electric weapon or device that which
23 does not fire a dart or projectile and is designed solely for
24 defensive purposes.
25 (5) This section does not preclude any prosecution for
26 the use of an electric weapon or device, a dart-firing or
27 remote stun gun, or a self-defense chemical spray during the
28 commission of any criminal offense under s. 790.07, s. 790.10,
29 s. 790.23, or s. 790.235, or for any other criminal offense.
30 Section 3. Section 790.053, Florida Statutes, is
31 amended to read:
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Florida Senate - 2006 CS for SB 214
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1 790.053 Open carrying of weapons.--
2 (1) Except as otherwise provided by law and in
3 subsection (2), it is unlawful for any person to openly carry
4 on or about his or her person any firearm or electric weapon
5 or device.
6 (2) A person may openly carry, for purposes of lawful
7 self-defense:
8 (a) A self-defense chemical spray.
9 (b) A nonlethal stun gun or dart-firing remote stun
10 gun or other nonlethal electric weapon or device that which
11 does not fire a dart or projectile and is designed solely for
12 defensive purposes.
13 (3) Any person violating this section commits a
14 misdemeanor of the second degree, punishable as provided in s.
15 775.082 or s. 775.083.
16 Section 4. Section 790.054, Florida Statutes, is
17 amended to read:
18 790.054 Prohibited use of self-defense weapon or
19 device against law enforcement officer; penalties.--A person
20 who knowingly and willfully uses a self-defense chemical
21 spray, or a nonlethal stun gun or other nonlethal electric
22 weapon or device, or a dart-firing remote stun gun against a
23 law enforcement officer engaged in the performance of his or
24 her duties commits a felony of the third degree, punishable as
25 provided in s. 775.082, s. 775.083, or s. 775.084.
26 Section 5. Section 943.1717, Florida Statutes, is
27 created to read:
28 943.1717 Use of dart-firing stun guns.--
29 (1) A decision by a law enforcement officer,
30 correctional officer, or correctional probation officer to use
31 a dart-firing stun gun must involve an arrest or a custodial
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Florida Senate - 2006 CS for SB 214
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1 situation during which the person who is the subject of the
2 arrest or custody escalates resistance to the officer from
3 passive physical resistance to active physical resistance and
4 the person:
5 (a) Has the apparent ability to physically threaten
6 the officer or others; or
7 (b) Is preparing or attempting to flee or escape.
8 (2) The Criminal Justice Standards and Training
9 Commission shall establish standards for instructing law
10 enforcement, correctional, and correctional probation officers
11 in the use of dart-firing stun guns. The instructional
12 standards must include the effect that a dart-firing stun gun
13 may have on a person.
14 (3) Each basic-skills course required for
15 certification as a law enforcement, correctional, or
16 correctional probation officer must include instruction on the
17 use of dart-firing stun guns. The portion of the basic-skills
18 course on the use of stun guns must be a minimum of 4 hours'
19 duration.
20 (4) After completing the basic-skills course, each law
21 enforcement, correctional, and correctional probation officer
22 who is authorized by his or her agency to use a dart-firing
23 stun gun must complete an annual training course on the use of
24 dart-firing stun guns. The annual training course on the use
25 of dart-firing stun guns must be a minimum of 1 hour duration.
26 Section 6. This act shall take effect upon becoming a
27 law.
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Florida Senate - 2006 CS for SB 214
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 214
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4 - Modifies the definition of "remote stun gun" to become
"dart-firing stun gun" and makes the definition more
5 general to take into account changing technology. Other
statutory references to "remote stun gun" are amended to
6 become "dart-firing stun gun."
7 - Does not limit the required officer training of the
potential effects of the devices to only people who are
8 under the influence of drugs or alcohol.
9 - Eliminates the annual training requirement for officers
who do not use the devices (addressing some fiscal
10 concerns of DOC and other agencies that do not utilize
stun guns).
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