SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 1092

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS POSSESSION AND SALE OF A STUN GUN; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 30, Article 7 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] POSSESSION OR SALE OF A STUN GUN.--

          A. Possession or sale of a stun gun consists of a person knowingly possessing, selling or offering to sell a stun gun.

          B. Subsection A of this section shall not apply to an authorized person or a manufacturer, importer or dealer who may demonstrate, sell, give, lend or deliver a stun gun to an authorized person.

          C. Whoever commits possession or sale of a stun gun is guilty of a fourth degree felony.

          D. As used in this section:

                (1) "authorized person" means:

                     (a) a law enforcement officer;

                     (b) an employee of the corrections department if authorized in writing to possess and use the stun gun by the secretary of corrections;

                     (c) a local corrections officer if authorized in writing to possess and use the stun gun by the county sheriff;

                     (d) a probation officer;

                     (e) a court officer;

                     (f) a licensed private investigator; or

                     (g) an aircraft pilot or aircraft crew member who has been trained in the use, effects and risk of stun guns while performing official duties; and

                (2) "stun gun" means any electroshock device capable of projecting or administering an electric shock that can temporarily stun or incapacitate another person."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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