Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 654

638246

CHAMBER ACTION

Senate

Comm: WD

3/11/2008

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House



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The Committee on Criminal Justice (Aronberg) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 35 and 36,

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insert:

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     Section 2.  Subsection (2) of section 776.06, Florida

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Statutes, is amended to read:

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     776.06  Deadly force.--

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     (2)(a)  The term "deadly force" does not include the

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discharge of a firearm by a law enforcement officer or

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correctional officer during and within the scope of his or her

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official duties which is loaded with a less-lethal munition or a

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dart-firing stun gun that penetrates the body. As used in this

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subsection, the term "less-lethal munition" means a projectile

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that is designed to stun, temporarily incapacitate, or cause

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temporary discomfort to a person without penetrating the

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person's body.

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     (b)  A law enforcement officer or a correctional officer is

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not liable in any civil or criminal action arising out of the

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use of any less-lethal munition or dart-firing stun gun in good

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faith during and within the scope of his or her official duties.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 9, after the semicolon,

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insert:

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amending s. 776.06, F.S.; providing that the term "deadly

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force" does not include the discharge of a dart-firing

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stun gun by a law enforcement officer or correctional

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officer during and within the scope of his or her official

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duties; providing that a law enforcement officer or a

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correctional officer is not liable in any civil or

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criminal action arising out of the use of a dart-firing

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stun gun in good faith;

3/10/2008  1:49:00 PM     CJ.CJ.04682

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