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F I S C A L I M P A C T R E P O R T
SPONSOR SRC
DATE TYPED 3/10/05
HB
SHORT TITLE Stun Gun Possession
SB 1092/SRCS
(Public Peace, Health, Safety and Welfare)
ANALYST Medina
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to SB 818
SOURCES OF INFORMATION
LFC Files
Administrative Office of the District Attorneys (AODA)
Administrative Office of the Courts (AOC)
Responses Not Received From
Attorney General (AG)
Department of Public Safety (DPS)
Corrections Department (CD)
SUMMARY
Synopsis of Bill
Senate Rules Committee Substitute for Senate Bill 1092 amends the Criminal Code to make the
possession or sale of a stun gun a criminal fourth degree felony offense. The bill provides excep-
tions for manufacturers, law enforcement officers, certain Corrections Department employees,
certain local corrections officers, probation officers, court officers, licensed private investigators,
and certain aircraft pilots and aircraft crew members.
The bill defines a stun gun as any electroshock device capable of projecting or administering an
electric shock that can temporarily stun or incapacitate another person.
pg_0002
Senate Bill 1092/SRCS -- Page 2
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Senate Bill 818 also defines a stun gun as electroshock device capable of projecting or adminis-
tering an electric shock that can temporarily stun or incapacitate a person. According to the
AODA, stun guns would become deadly weapons for the purposes of prosecutions and penalties
under those sections dealing with the use of deadly weapons to commit a crime(s). This would
also include Section 30-7-1 through Section 30-7-22 that deal with weapons and explosives.
TECHNICAL ISSUES
This bill authorizes possession of a stun gun by a “court officer”, bud does not provide a defini-
tion for a court officer. AOC contends that clarification of who court officers are is necessary.
DXM/sb:yr