| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to restrictions on the use of a stun gun; providing certain |
|
|
criminal penalties and defenses to prosecution for persons who |
|
|
obtain a stun gun license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.01, Penal Code, is amended by adding |
|
|
Subdivision (17) to read as follows: |
|
|
(17) "Stun gun" means a device that is intended, |
|
|
designed, made, or adapted to incapacitate a person by inflicting |
|
|
an electrical charge through the emission of a projectile or |
|
|
conductive stream. |
|
|
SECTION 2. Section 46.03, Penal Code, is amended by adding |
|
|
Subsections (j) and (k) to read as follows: |
|
|
(j) It is a defense to prosecution under this section that |
|
|
the actor possessed a stun gun and was, at the time of the offense: |
|
|
(1) a license holder under Subchapter H-1, Chapter |
|
|
411, Government Code, who engaged in the conduct after successfully |
|
|
completing the training described by Section 411.223, Government |
|
|
Code; or |
|
|
(2) a security officer registered with the Private |
|
|
Security Bureau of the Department of Public Safety who engaged in |
|
|
the conduct: |
|
|
(A) after successfully completing the training |
|
|
described by Section 411.223, Government Code; and |
|
|
(B) while traveling to or from the actor's place |
|
|
of assignment or in the actual discharge of duties as a security |
|
|
officer. |
|
|
(k) It is an exception to the application of this section |
|
|
that the actor possessed a stun gun and was, at the time of the |
|
|
offense, a peace officer, including a commissioned peace officer of |
|
|
a recognized state or a special investigator under Article 2.122, |
|
|
Code of Criminal Procedure, who was authorized by law to carry a |
|
|
weapon and who engaged in the conduct after successfully completing |
|
|
the training described by Section 411.223, Government Code. |
|
|
SECTION 3. Section 46.05, Penal Code, is amended by |
|
|
amending Subsections (a) and (b) and adding Subsections (h) and (i) |
|
|
to read as follows: |
|
|
(a) A person commits an offense if he intentionally or |
|
|
knowingly possesses, manufactures, transports, repairs, or sells: |
|
|
(1) an explosive weapon; |
|
|
(2) a machine gun; |
|
|
(3) a short-barrel firearm; |
|
|
(4) a firearm silencer; |
|
|
(5) a switchblade knife; |
|
|
(6) knuckles; |
|
|
(7) armor-piercing ammunition; |
|
|
(8) a chemical dispensing device; [or] |
|
|
(9) a zip gun; or |
|
|
(10) a stun gun. |
|
|
(b) It is a defense to prosecution under Subsections |
|
|
(a)(1)-(9) [this section] that the actor's conduct was incidental |
|
|
to the performance of official duty by the armed forces or national |
|
|
guard, a governmental law enforcement agency, or a correctional |
|
|
facility. |
|
|
(h) It is a defense to prosecution under Subsection (a)(10) |
|
|
that the actor was, at the time of the offense: |
|
|
(1) a license holder under Subchapter H-1, Chapter |
|
|
411, Government Code, who engaged in the conduct after successfully |
|
|
completing the training described by Section 411.223, Government |
|
|
Code; or |
|
|
(2) a security officer registered with the Private |
|
|
Security Bureau of the Department of Public Safety who engaged in |
|
|
the conduct: |
|
|
(A) after successfully completing the training |
|
|
described by Section 411.223, Government Code; and |
|
|
(B) while traveling to or from the actor's place |
|
|
of assignment or in the actual discharge of duties as a security |
|
|
officer. |
|
|
(i) It is an exception to the application of Subsection |
|
|
(a)(10) that the actor was, at the time of the offense, a peace |
|
|
officer, including a commissioned peace officer of a recognized |
|
|
state or a special investigator under Article 2.122, Code of |
|
|
Criminal Procedure, who was authorized by law to carry a weapon and |
|
|
who engaged in the conduct after successfully completing the |
|
|
training described by Section 411.223, Government Code. |
|
|
SECTION 4. Chapter 411, Government Code, is amended by |
|
|
adding Subchapter H-1 to read as follows: |
|
|
SUBCHAPTER H-1. LICENSE TO CARRY A STUN GUN |
|
|
Sec. 411.220. DEFINITIONS. In this subchapter, "stun gun" |
|
|
has the meaning assigned by Section 46.01, Penal Code. |
|
|
Sec. 411.221. LICENSE TO CARRY A CONCEALED STUN GUN. The |
|
|
department by rule shall establish a procedure for a person to |
|
|
obtain a license to carry a stun gun. |
|
|
Sec. 411.222. STANDARDS AND PROCEDURAL REQUIREMENTS. In |
|
|
establishing a procedure under Section 411.221, the department |
|
|
shall require an applicant for a license under this subchapter to |
|
|
meet standards and satisfy procedural requirements that are |
|
|
substantially similar to the standards and procedural requirements |
|
|
for obtaining a license to carry a concealed handgun described by |
|
|
the following sections of Subchapter H: |
|
|
(1) eligibility (Section 411.172); |
|
|
(2) application (Section 411.174); |
|
|
(3) issuance or denial of license (Section 411.177); |
|
|
(4) form of license (Section 411.179(a)); |
|
|
(5) notification of denial, revocation, or suspension |
|
|
of license; review (Section 411.180); |
|
|
(6) expiration (Section 411.183); |
|
|
(7) modification (Section 411.184); |
|
|
(8) renewal (Section 411.185); |
|
|
(9) revocation (Section 411.186); and |
|
|
(10) suspension of license (Section 411.187). |
|
|
Sec. 411.223. STUN GUN PROFICIENCY AND TRAINING. (a) The |
|
|
director by rule shall establish minimum standards for stun gun |
|
|
proficiency and shall develop and make widely available throughout |
|
|
the state a course to teach stun gun proficiency and an examination |
|
|
to measure stun gun proficiency. The examination to measure stun |
|
|
gun proficiency must require an actual demonstration by the |
|
|
applicant of the applicant's ability to safely and proficiently use |
|
|
a stun gun. |
|
|
(b) Except as provided by Subsection (c), the department |
|
|
shall charge a fee for the training offered under this section. |
|
|
(c) The director by rule shall establish minimum standards |
|
|
for the certification of stun gun instructors. An applicant for |
|
|
certification as a stun gun instructor under this subsection must |
|
|
be a peace officer employed by the department and must successfully |
|
|
complete the training offered under this section before the |
|
|
department may certify the applicant as a stun gun instructor. An |
|
|
applicant for certification as a stun gun instructor is not |
|
|
required to pay a fee for the training under this section. |
|
|
Sec. 411.224. OTHER RULES AND PROCEDURES. The department |
|
|
shall adopt any other rule or establish any other procedure |
|
|
necessary or appropriate to administer this subchapter. |
|
|
Sec. 411.225. CONFIDENTIALITY OF RECORDS. The department |
|
|
shall disclose to a criminal justice agency information contained |
|
|
in its files and records regarding whether a named individual or any |
|
|
individual named in a specified list is licensed under this |
|
|
subchapter. The department shall, on written request and payment |
|
|
of a reasonable fee to cover costs of copying, disclose to any other |
|
|
individual whether a named individual or any individual whose full |
|
|
name is listed on a specified written list is licensed under this |
|
|
subchapter. Information on an individual subject to disclosure |
|
|
under this section includes the individual's name, date of birth, |
|
|
gender, race, and zip code. Except as otherwise provided by this |
|
|
section, all other records maintained under this subchapter are |
|
|
confidential and are not subject to mandatory disclosure under the |
|
|
open records law, Chapter 552, except that the applicant or license |
|
|
holder may be furnished a copy of disclosable records on request and |
|
|
the payment of a reasonable fee. The department shall notify a |
|
|
license holder of any request that is made for information relating |
|
|
to the license holder under this section and provide the name of the |
|
|
person or agency making the request. This section does not prohibit |
|
|
the department from making public and distributing to the public at |
|
|
no cost lists of individuals who are certified as stun gun |
|
|
instructors by the department. |
|
|
Sec. 411.226. DISPLAYING LICENSE; PENALTY. (a) If a |
|
|
license holder is carrying a stun gun on or about the license |
|
|
holder's person when a magistrate or a peace officer demands that |
|
|
the license holder display identification, the license holder shall |
|
|
display both the license holder's driver's license or |
|
|
identification certificate issued by the department and the license |
|
|
holder's license issued under this subchapter. A person who fails |
|
|
or refuses to display the license and identification as required by |
|
|
this subsection is subject to suspension of the person's license as |
|
|
provided by department rule adopted under this subchapter. |
|
|
(b) A person commits an offense if the person fails or |
|
|
refuses to display the license and identification as required by |
|
|
Subsection (a) after previously having had the person's license |
|
|
suspended for a violation of that subsection. An offense under this |
|
|
subsection is a Class B misdemeanor. |
|
|
Sec. 411.227. AUTHORITY OF PEACE OFFICER TO DISARM. A peace |
|
|
officer who is acting in the lawful discharge of the officer's |
|
|
official duties may disarm a license holder at any time the officer |
|
|
reasonably believes it is necessary for the protection of the |
|
|
license holder, the officer, or another individual. The peace |
|
|
officer shall return the stun gun to the license holder before |
|
|
discharging the license holder from the scene if the officer |
|
|
determines that the license holder is not a threat to the officer, |
|
|
the license holder, or another individual and if the license holder |
|
|
has not violated any provision of this subchapter or committed any |
|
|
other violation that results in the arrest of the license holder. |
|
|
SECTION 5. The public safety director of the Department of |
|
|
Public Safety shall adopt the rules required by Section 411.223, |
|
|
Government Code, as added by this Act, not later than November 1, |
|
|
2009. |
|
|
SECTION 6. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2009. |
|
|
(b) Sections 1, 2, and 3 of this Act take effect March 1, |
|
|
2010. |