| 1 | 1 | | 81R3905 SJM-D |
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| 2 | 2 | | By: Van de Putte S.B. No. 651 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on the use of a stun gun; providing certain |
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| 8 | 8 | | criminal penalties and defenses to prosecution. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.01, Penal Code, is amended by adding |
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| 11 | 11 | | Subdivisions (17) and (18) to read as follows: |
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| 12 | 12 | | (17) "Stun gun" means a device that is intended, |
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| 13 | 13 | | designed, made, or adapted to incapacitate a person by inflicting |
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| 14 | 14 | | an electrical charge through the emission of a projectile or |
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| 15 | 15 | | conductive stream. |
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| 16 | 16 | | (18) "Recognized state" means another state with which |
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| 17 | 17 | | the attorney general of this state, with the approval of the |
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| 18 | 18 | | governor of this state, negotiated an agreement after determining |
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| 19 | 19 | | that the other state: |
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| 20 | 20 | | (A) has firearm proficiency requirements for |
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| 21 | 21 | | peace officers; and |
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| 22 | 22 | | (B) fully recognizes the right of peace officers |
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| 23 | 23 | | commissioned in this state to carry weapons in the other state. |
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| 24 | 24 | | SECTION 2. Section 46.03, Penal Code, is amended by adding |
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| 25 | 25 | | Subsections (j) and (k) to read as follows: |
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| 26 | 26 | | (j) It is a defense to prosecution under this section that |
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| 27 | 27 | | the actor possessed a stun gun and was, at the time of the offense: |
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| 28 | 28 | | (1) a license holder under Subchapter H-1, Chapter |
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| 29 | 29 | | 411, Government Code, who engaged in the conduct after successfully |
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| 30 | 30 | | completing the training described by Section 411.223, Government |
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| 31 | 31 | | Code; or |
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| 32 | 32 | | (2) a commissioned security officer registered with |
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| 33 | 33 | | the Private Security Bureau of the Department of Public Safety who |
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| 34 | 34 | | engaged in the conduct while traveling to or from the actor's place |
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| 35 | 35 | | of assignment or in the actual discharge of duties as a commissioned |
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| 36 | 36 | | security officer. |
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| 37 | 37 | | (k) It is an exception to the application of this section |
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| 38 | 38 | | that the actor possessed a stun gun and was, at the time of the |
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| 39 | 39 | | offense, a peace officer, including a commissioned peace officer of |
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| 40 | 40 | | a recognized state and a special investigator under Article 2.122, |
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| 41 | 41 | | Code of Criminal Procedure, who was authorized by law to carry a |
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| 42 | 42 | | weapon. |
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| 43 | 43 | | SECTION 3. Section 46.05, Penal Code, is amended by |
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| 44 | 44 | | amending Subsections (a) and (b) and adding Subsections (h) and (i) |
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| 45 | 45 | | to read as follows: |
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| 46 | 46 | | (a) A person commits an offense if he intentionally or |
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| 47 | 47 | | knowingly possesses, manufactures, transports, repairs, or sells: |
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| 48 | 48 | | (1) an explosive weapon; |
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| 49 | 49 | | (2) a machine gun; |
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| 50 | 50 | | (3) a short-barrel firearm; |
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| 51 | 51 | | (4) a firearm silencer; |
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| 52 | 52 | | (5) a switchblade knife; |
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| 53 | 53 | | (6) knuckles; |
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| 54 | 54 | | (7) armor-piercing ammunition; |
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| 55 | 55 | | (8) a chemical dispensing device; [or] |
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| 56 | 56 | | (9) a zip gun; or |
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| 57 | 57 | | (10) a stun gun. |
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| 58 | 58 | | (b) It is a defense to prosecution under Subsections |
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| 59 | 59 | | (a)(1)-(9) [this section] that the actor's conduct was incidental |
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| 60 | 60 | | to the performance of official duty by the armed forces or national |
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| 61 | 61 | | guard, a governmental law enforcement agency, or a correctional |
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| 62 | 62 | | facility. |
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| 63 | 63 | | (h) It is a defense to prosecution under Subsection (a)(10) |
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| 64 | 64 | | that the actor was, at the time of the offense: |
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| 65 | 65 | | (1) a license holder under Subchapter H-1, Chapter |
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| 66 | 66 | | 411, Government Code, who engaged in the conduct after successfully |
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| 67 | 67 | | completing the training described by Section 411.223, Government |
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| 68 | 68 | | Code; or |
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| 69 | 69 | | (2) a commissioned security officer registered with |
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| 70 | 70 | | the Private Security Bureau of the Department of Public Safety who |
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| 71 | 71 | | engaged in the conduct in the actual discharge of duties as a |
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| 72 | 72 | | commissioned security officer. |
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| 73 | 73 | | (i) It is an exception to the application of Subsection |
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| 74 | 74 | | (a)(10) that the actor was, at the time of the offense, a peace |
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| 75 | 75 | | officer, including a commissioned peace officer of a recognized |
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| 76 | 76 | | state and a special investigator under Article 2.122, Code of |
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| 77 | 77 | | Criminal Procedure, who was authorized by law to carry a weapon. |
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| 78 | 78 | | SECTION 4. Chapter 411, Government Code, is amended by |
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| 79 | 79 | | adding Subchapter H-1 to read as follows: |
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| 80 | 80 | | SUBCHAPTER H-1. LICENSE TO CARRY A STUN GUN |
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| 81 | 81 | | Sec. 411.220. DEFINITIONS. In this subchapter, "recognized |
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| 82 | 82 | | state" and "stun gun" have the meanings assigned by Section 46.01, |
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| 83 | 83 | | Penal Code. |
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| 84 | 84 | | Sec. 411.221. LICENSE TO CARRY A CONCEALED STUN GUN. The |
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| 85 | 85 | | department by rule shall establish a procedure for a person to |
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| 86 | 86 | | obtain a license to carry a stun gun. |
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| 87 | 87 | | Sec. 411.222. PERSONS EXEMPT FROM LICENSING. A person is |
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| 88 | 88 | | not required to obtain a license under this chapter if the person is |
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| 89 | 89 | | a peace officer, including a commissioned peace officer of a |
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| 90 | 90 | | recognized state and a special investigator under Article 2.122, |
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| 91 | 91 | | Code of Criminal Procedure, who is authorized by law to carry a |
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| 92 | 92 | | weapon. |
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| 93 | 93 | | Sec. 411.223. STANDARDS AND PROCEDURAL REQUIREMENTS. In |
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| 94 | 94 | | establishing a procedure under Section 411.221, the department |
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| 95 | 95 | | shall require an applicant for a license under this subchapter to |
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| 96 | 96 | | meet standards and satisfy procedural requirements that are |
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| 97 | 97 | | substantially similar to the standards and procedural requirements |
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| 98 | 98 | | for obtaining a license to carry a concealed handgun described by |
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| 99 | 99 | | the following sections of Subchapter H: |
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| 100 | 100 | | (1) eligibility (Section 411.172); |
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| 101 | 101 | | (2) application (Section 411.174); |
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| 102 | 102 | | (3) issuance or denial of license (Section 411.177); |
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| 103 | 103 | | (4) form of license (Section 411.179(a)); |
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| 104 | 104 | | (5) notification of denial, revocation, or suspension |
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| 105 | 105 | | of license; review (Section 411.180); |
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| 106 | 106 | | (6) expiration (Section 411.183); |
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| 107 | 107 | | (7) modification (Section 411.184); |
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| 108 | 108 | | (8) renewal (Section 411.185); |
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| 109 | 109 | | (9) revocation (Section 411.186); and |
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| 110 | 110 | | (10) suspension of license (Section 411.187). |
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| 111 | 111 | | Sec. 411.224. STUN GUN PROFICIENCY AND TRAINING. (a) The |
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| 112 | 112 | | director by rule shall establish minimum standards for stun gun |
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| 113 | 113 | | proficiency and shall develop and make widely available throughout |
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| 114 | 114 | | the state a course to teach stun gun proficiency and an examination |
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| 115 | 115 | | to measure stun gun proficiency. The examination to measure stun |
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| 116 | 116 | | gun proficiency must require an actual demonstration by the |
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| 117 | 117 | | applicant of the applicant's ability to safely and proficiently use |
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| 118 | 118 | | a stun gun. |
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| 119 | 119 | | (b) Except as provided by Subsection (c), the department |
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| 120 | 120 | | shall charge a fee for the training offered under this section. |
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| 121 | 121 | | (c) The director by rule shall establish minimum standards |
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| 122 | 122 | | for the certification of stun gun instructors. An applicant for |
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| 123 | 123 | | certification as a stun gun instructor under this subsection must |
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| 124 | 124 | | be a peace officer employed by the department and must successfully |
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| 125 | 125 | | complete the training offered under this section before the |
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| 126 | 126 | | department may certify the applicant as a stun gun instructor. An |
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| 127 | 127 | | applicant for certification as a stun gun instructor is not |
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| 128 | 128 | | required to pay a fee for the training under this section. |
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| 129 | 129 | | Sec. 411.225. OTHER RULES AND PROCEDURES. The department |
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| 130 | 130 | | shall adopt any other rule or establish any other procedure |
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| 131 | 131 | | necessary or appropriate to administer this subchapter. |
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| 132 | 132 | | Sec. 411.226. CONFIDENTIALITY OF RECORDS. The department |
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| 133 | 133 | | shall disclose to a criminal justice agency information contained |
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| 134 | 134 | | in its files and records regarding whether a named individual or any |
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| 135 | 135 | | individual named in a specified list is licensed under this |
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| 136 | 136 | | subchapter. The department shall, on written request and payment |
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| 137 | 137 | | of a reasonable fee to cover costs of copying, disclose to any other |
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| 138 | 138 | | individual whether a named individual or any individual whose full |
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| 139 | 139 | | name is listed on a specified written list is licensed under this |
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| 140 | 140 | | subchapter. Information on an individual subject to disclosure |
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| 141 | 141 | | under this section includes the individual's name, date of birth, |
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| 142 | 142 | | gender, race, and zip code. Except as otherwise provided by this |
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| 143 | 143 | | section, all other records maintained under this subchapter are |
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| 144 | 144 | | confidential and are not subject to mandatory disclosure under the |
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| 145 | 145 | | open records law, Chapter 552, except that the applicant or license |
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| 146 | 146 | | holder may be furnished a copy of disclosable records on request and |
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| 147 | 147 | | the payment of a reasonable fee. The department shall notify a |
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| 148 | 148 | | license holder of any request that is made for information relating |
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| 149 | 149 | | to the license holder under this section and provide the name of the |
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| 150 | 150 | | person or agency making the request. This section does not prohibit |
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| 151 | 151 | | the department from making public and distributing to the public at |
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| 152 | 152 | | no cost lists of individuals who are certified as stun gun |
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| 153 | 153 | | instructors by the department. |
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| 154 | 154 | | Sec. 411.227. DISPLAYING LICENSE; PENALTY. (a) If a |
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| 155 | 155 | | license holder is carrying a stun gun on or about the license |
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| 156 | 156 | | holder's person when a magistrate or a peace officer demands that |
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| 157 | 157 | | the license holder display identification, the license holder shall |
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| 158 | 158 | | display both the license holder's driver's license or |
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| 159 | 159 | | identification certificate issued by the department and the license |
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| 160 | 160 | | holder's license issued under this subchapter. A person who fails |
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| 161 | 161 | | or refuses to display the license and identification as required by |
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| 162 | 162 | | this subsection is subject to suspension of the person's license as |
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| 163 | 163 | | provided by department rule adopted under this subchapter. |
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| 164 | 164 | | (b) A person commits an offense if the person fails or |
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| 165 | 165 | | refuses to display the license and identification as required by |
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| 166 | 166 | | Subsection (a) after previously having had the person's license |
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| 167 | 167 | | suspended for a violation of that subsection. An offense under this |
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| 168 | 168 | | subsection is a Class B misdemeanor. |
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| 169 | 169 | | Sec. 411.228. AUTHORITY OF PEACE OFFICER TO DISARM. A peace |
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| 170 | 170 | | officer who is acting in the lawful discharge of the officer's |
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| 171 | 171 | | official duties may disarm a license holder at any time the officer |
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| 172 | 172 | | reasonably believes it is necessary for the protection of the |
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| 173 | 173 | | license holder, the officer, or another individual. The peace |
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| 174 | 174 | | officer shall return the stun gun to the license holder before |
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| 175 | 175 | | discharging the license holder from the scene if the officer |
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| 176 | 176 | | determines that the license holder is not a threat to the officer, |
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| 177 | 177 | | the license holder, or another individual and if the license holder |
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| 178 | 178 | | has not violated any provision of this subchapter or committed any |
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| 179 | 179 | | other violation that results in the arrest of the license holder. |
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| 180 | 180 | | SECTION 5. The public safety director of the Department of |
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| 181 | 181 | | Public Safety shall adopt the rules required by Subchapter H-1, |
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| 182 | 182 | | Chapter 411, Government Code, as added by this Act, not later than |
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| 183 | 183 | | November 1, 2009. |
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| 184 | 184 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 185 | 185 | | section, this Act takes effect September 1, 2009. |
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| 186 | 186 | | (b) Sections 1, 2, and 3 of this Act take effect March 1, |
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| 187 | 187 | | 2010. |
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