HB 0303CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to dart-firing stun guns; amending s.
8790.001, F.S.; defining "dart-firing stun gun" for the
9purposes of ch. 790, F.S.; deleting the definition of
10"remote stun gun"; amending ss. 790.01 and 790.053, F.S.,
11relating to the carrying of concealed weapons and the open
12carrying of weapons, to conform; authorizing the carrying
13of a dart-firing stun gun, both openly and in a concealed
14manner, for purposes of lawful self-defense; amending s.
15790.054, F.S.; prohibiting the use of a dart-firing stun
16gun against a law enforcement officer who is on duty;
17providing a penalty; creating s. 943.1717, F.S.; providing
18circumstances during which law enforcement, correctional,
19and correctional probation officers may use a dart-firing
20stun gun; requiring the Criminal Justice Standards and
21Training Commission to establish standards for instruction
22in the use of dart-firing stun guns; requiring that a
23minimum number of hours in such training be included in
24the basic skills course required for certification;
25requiring training of specified officers who are
26authorized to carry dart-firing stun guns and who have not
27received dart-firing stun gun training; requiring annual
28training for certain officers; providing an effective
29date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (15) of section 790.001, Florida
34Statutes, is amended to read:
35     790.001  Definitions.--As used in this chapter, except
36where the context otherwise requires:
37     (15)  "Dart-firing Remote stun gun" means any nonlethal
38device having one or more darts that are capable of delivering
39an electrical current with a tethered range not to exceed 16
40feet and which shall utilize an identification and tracking
41system which, upon use, disperses coded material traceable to
42the purchaser through records kept by the manufacturer on all
43remote stun guns and all individual cartridges sold which
44information shall be made available to any law enforcement
45agency upon request.
46     Section 2.  Subsections (4) and (5) of section 790.01,
47Florida Statutes, are amended to read:
48     790.01  Carrying concealed weapons.--
49     (4)  It is not a violation of this section for a person to
50carry for purposes of lawful self-defense, in a concealed
51manner:
52     (a)  A self-defense chemical spray.
53     (b)  A nonlethal stun gun or dart-firing remote stun gun or
54other nonlethal electric weapon or device that which does not
55fire a dart or projectile and is designed solely for defensive
56purposes.
57     (5)  This section does not preclude any prosecution for the
58use of an electric weapon or device, a dart-firing or remote
59stun gun, or a self-defense chemical spray during the commission
60of any criminal offense under s. 790.07, s. 790.10, s. 790.23,
61or s. 790.235, or for any other criminal offense.
62     Section 3.  Section 790.053, Florida Statutes, is amended
63to read:
64     790.053  Open carrying of weapons.--
65     (1)  Except as otherwise provided by law and in subsection
66(2), it is unlawful for any person to openly carry on or about
67his or her person any firearm or electric weapon or device.
68     (2)  A person may openly carry, for purposes of lawful
69self-defense:
70     (a)  A self-defense chemical spray.
71     (b)  A nonlethal stun gun or dart-firing remote stun gun or
72other nonlethal electric weapon or device that which does not
73fire a dart or projectile and is designed solely for defensive
74purposes.
75     (3)  Any person violating this section commits a
76misdemeanor of the second degree, punishable as provided in s.
77775.082 or s. 775.083.
78     Section 4.  Section 790.054, Florida Statutes, is amended
79to read:
80     790.054  Prohibited use of self-defense weapon or device
81against law enforcement officer; penalties.--A person who
82knowingly and willfully uses a self-defense chemical spray, or a
83nonlethal stun gun or other nonlethal electric weapon or device,
84or a dart-firing remote stun gun against a law enforcement
85officer engaged in the performance of his or her duties commits
86a felony of the third degree, punishable as provided in s.
87775.082, s. 775.083, or s. 775.084.
88     Section 5.  Section 943.1717, Florida Statutes, is created
89to read:
90     943.1717  Use of dart-firing stun guns.--
91     (1)  A decision by a law enforcement officer, correctional
92officer, or correctional probation officer to use a dart-firing
93stun gun must involve an arrest or a custodial situation during
94which the person who is the subject of the arrest or custody
95escalates resistance to the officer from passive physical
96resistance to active physical resistance and the person:
97     (a)  Has the apparent ability to physically threaten the
98officer or others; or
99     (b)  Is preparing or attempting to flee or escape.
100     (2)  The Criminal Justice Standards and Training Commission
101shall establish standards for instructing law enforcement,
102correctional, and correctional probation officers in the use of
103dart-firing stun guns. The instructional standards must include
104the effect that a dart-firing stun gun may have on a person.
105     (3)  The basic skills course required for certification as
106a law enforcement officer must include instruction on the use of
107dart-firing stun guns. The portion of the basic skills course on
108the use of dart-firing stun guns must be a minimum of 4 hours'
109duration.
110     (4)  A law enforcement, correctional, or correctional
111probation officer who is authorized by his or her employing or
112appointing agency, subsequent to the effective date of this act,
113to carry a dart-firing stun gun and who has not received the
114dart-firing stun gun training described in subsection (3) shall
115complete, prior to the issuance and use of a dart-firing stun
116gun, either the 4-hour dart-firing stun gun training described
117in subsection (3) or an equivalent training course provided by
118the officer's employing or appointing agency in accordance with
119the standards established by the Criminal Justice Standards and
120Training Commission under subsection (2).
121     (5)  After completing the basic skills course, each law
122enforcement, correctional, and correctional probation officer
123who is authorized by his or her agency to use a dart-firing stun
124gun must complete an annual training course on the use of dart-
125firing stun guns. The annual training course on the use of dart-
126firing stun guns must be a minimum of 1 hour's duration.
127     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.