Senate Bill sb0214er

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  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 certain certifications; requiring certain

27         officers who have not received training in the

28         use of dart-firing stun guns and who are

29         authorized to carry dart-firing stun guns to

30         receive training; requiring annual training for

31         certain officers; providing an effective date.


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

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 3         Section 1.  Subsection (15) of section 790.001, Florida

 4  Statutes, is amended to read:

 5         790.001  Definitions.--As used in this chapter, except

 6  where the context otherwise requires:

 7         (15)  "Dart-firing Remote stun gun" means any nonlethal

 8  device having one or more darts that are capable of delivering

 9  an electrical current with a tethered range not to exceed 16

10  feet and which shall utilize an identification and tracking

11  system which, upon use, disperses coded material traceable to

12  the purchaser through records kept by the manufacturer on all

13  remote stun guns and all individual cartridges sold which

14  information shall be made available to any law enforcement

15  agency upon request.

16         Section 2.  Subsections (4) and (5) of section 790.01,

17  Florida Statutes, are amended to read:

18         790.01  Carrying concealed weapons.--

19         (4)  It is not a violation of this section for a person

20  to carry for purposes of lawful self-defense, in a concealed

21  manner:

22         (a)  A self-defense chemical spray.

23         (b)  A nonlethal stun gun or dart-firing remote stun

24  gun or other nonlethal electric weapon or device that which

25  does not fire a dart or projectile and is designed solely for

26  defensive purposes.

27         (5)  This section does not preclude any prosecution for

28  the use of an electric weapon or device, a dart-firing or

29  remote stun gun, or a self-defense chemical spray during the

30  commission of any criminal offense under s. 790.07, s. 790.10,

31  s. 790.23, or s. 790.235, or for any other criminal offense.


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    2006 Legislature           CS for CS for SB 214, 2nd Engrossed



 1         Section 3.  Section 790.053, Florida Statutes, is

 2  amended to read:

 3         790.053  Open carrying of weapons.--

 4         (1)  Except as otherwise provided by law and in

 5  subsection (2), it is unlawful for any person to openly carry

 6  on or about his or her person any firearm or electric weapon

 7  or device.

 8         (2)  A person may openly carry, for purposes of lawful

 9  self-defense:

10         (a)  A self-defense chemical spray.

11         (b)  A nonlethal stun gun or dart-firing remote stun

12  gun or other nonlethal electric weapon or device that which

13  does not fire a dart or projectile and is designed solely for

14  defensive purposes.

15         (3)  Any person violating this section commits a

16  misdemeanor of the second degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         Section 4.  Section 790.054, Florida Statutes, is

19  amended to read:

20         790.054  Prohibited use of self-defense weapon or

21  device against law enforcement officer; penalties.--A person

22  who knowingly and willfully uses a self-defense chemical

23  spray, or a nonlethal stun gun or other nonlethal electric

24  weapon or device, or a dart-firing remote stun gun against a

25  law enforcement officer engaged in the performance of his or

26  her duties commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         Section 5.  Section 943.1717, Florida Statutes, is

29  created to read:

30         943.1717  Use of dart-firing stun guns.--

31  


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 1         (1)  A decision by a law enforcement officer,

 2  correctional officer, or correctional probation officer to use

 3  a dart-firing stun gun must involve an arrest or a custodial

 4  situation during which the person who is the subject of the

 5  arrest or custody escalates resistance to the officer from

 6  passive physical resistance to active physical resistance and

 7  the person:

 8         (a)  Has the apparent ability to physically threaten

 9  the officer or others; or

10         (b)  Is preparing or attempting to flee or escape.

11         (2)  The Criminal Justice Standards and Training

12  Commission shall establish standards for instructing law

13  enforcement, correctional, and correctional probation officers

14  in the use of dart-firing stun guns. The instructional

15  standards must include the effect that a dart-firing stun gun

16  may have on a person.

17         (3)  The basic-skills course required for certification

18  as a law enforcement officer must include instruction on the

19  use of dart-firing stun guns. The portion of the basic-skills

20  course on the use of dart-firing stun guns must be a minimum

21  of 4 hours' duration.

22         (4)  A law enforcement officer, correctional officer,

23  or correctional probation officer who has not received the

24  dart-firing stun gun training described in subsection (3) and

25  who is authorized by his or her employing or appointing agency

26  to carry a dart-firing stun gun after the effective date of

27  this act must complete, before issuance and use of a

28  dart-firing stun gun, the 4-hour dart-firing stun gun training

29  described in subsection (3) or an equivalent training course

30  provided by the officer's employing or appointing agency in

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    2006 Legislature           CS for CS for SB 214, 2nd Engrossed



 1  accordance with the Criminal Justice Standards and Training

 2  Commission standards outlined in subsection (2).

 3         (5)  After completing the basic-skills course, each law

 4  enforcement, correctional, and correctional probation officer

 5  who is authorized by his or her agency to use a dart-firing

 6  stun gun must complete an annual training course on the use of

 7  dart-firing stun guns. The annual training course on the use

 8  of dart-firing stun guns must be a minimum of 1 hour duration.

 9         Section 6.  This act shall take effect upon becoming a

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