Senate Bill sb0214c1

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    Florida Senate - 2006                            CS for SB 214

    By the Committee on Criminal Justice; and Senator Wise





    591-732-06

  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.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2006                            CS for SB 214
    591-732-06




 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
    591-732-06




 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
    591-732-06




 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
    591-732-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 214

 3                                 

 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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