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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.

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