Texas 2009 - 81st Regular

Texas Senate Bill SB94 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2637 SJM-D
2	2	By: Van de Putte S.B. No. 94
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use of a stun gun; providing certain
8	8	criminal penalties and defenses to prosecution for persons who
9	9	obtain a stun gun license.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 46.01, Penal Code, is amended by adding
12	12	Subdivision (17) to read as follows:
13	13	(17) "Stun gun" means a device that is intended,
14	14	designed, made, or adapted to incapacitate a person by inflicting
15	15	an electrical charge through the emission of a projectile or
16	16	conductive stream.
17	17	SECTION 2. Section 46.03, Penal Code, is amended by adding
18	18	Subsections (j) and (k) to read as follows:
19	19	(j) It is a defense to prosecution under this section that
20	20	the actor possessed a stun gun and was, at the time of the offense:
21	21	(1) a license holder under Subchapter H-1, Chapter
22	22	411, Government Code, who engaged in the conduct after successfully
23	23	completing the training described by Section 411.223, Government
24	24	Code; or
25	25	(2) a security officer registered with the Private
26	26	Security Bureau of the Department of Public Safety who engaged in
27	27	the conduct:
28	28	(A) after successfully completing the training
29	29	described by Section 411.223, Government Code; and
30	30	(B) while traveling to or from the actor's place
31	31	of assignment or in the actual discharge of duties as a security
32	32	officer.
33	33	(k) It is an exception to the application of this section
34	34	that the actor possessed a stun gun and was, at the time of the
35	35	offense, a peace officer, including a commissioned peace officer of
36	36	a recognized state or a special investigator under Article 2.122,
37	37	Code of Criminal Procedure, who was authorized by law to carry a
38	38	weapon and who engaged in the conduct after successfully completing
39	39	the training described by Section 411.223, Government Code.
40	40	SECTION 3. Section 46.05, Penal Code, is amended by
41	41	amending Subsections (a) and (b) and adding Subsections (h) and (i)
42	42	to read as follows:
43	43	(a) A person commits an offense if he intentionally or
44	44	knowingly possesses, manufactures, transports, repairs, or sells:
45	45	(1) an explosive weapon;
46	46	(2) a machine gun;
47	47	(3) a short-barrel firearm;
48	48	(4) a firearm silencer;
49	49	(5) a switchblade knife;
50	50	(6) knuckles;
51	51	(7) armor-piercing ammunition;
52	52	(8) a chemical dispensing device; [or]
53	53	(9) a zip gun; or
54	54	(10) a stun gun.
55	55	(b) It is a defense to prosecution under Subsections
56	56	(a)(1)-(9) [this section] that the actor's conduct was incidental
57	57	to the performance of official duty by the armed forces or national
58	58	guard, a governmental law enforcement agency, or a correctional
59	59	facility.
60	60	(h) It is a defense to prosecution under Subsection (a)(10)
61	61	that the actor was, at the time of the offense:
62	62	(1) a license holder under Subchapter H-1, Chapter
63	63	411, Government Code, who engaged in the conduct after successfully
64	64	completing the training described by Section 411.223, Government
65	65	Code; or
66	66	(2) a security officer registered with the Private
67	67	Security Bureau of the Department of Public Safety who engaged in
68	68	the conduct:
69	69	(A) after successfully completing the training
70	70	described by Section 411.223, Government Code; and
71	71	(B) while traveling to or from the actor's place
72	72	of assignment or in the actual discharge of duties as a security
73	73	officer.
74	74	(i) It is an exception to the application of Subsection
75	75	(a)(10) that the actor was, at the time of the offense, a peace
76	76	officer, including a commissioned peace officer of a recognized
77	77	state or a special investigator under Article 2.122, Code of
78	78	Criminal Procedure, who was authorized by law to carry a weapon and
79	79	who engaged in the conduct after successfully completing the
80	80	training described by Section 411.223, Government Code.
81	81	SECTION 4. Chapter 411, Government Code, is amended by
82	82	adding Subchapter H-1 to read as follows:
83	83	SUBCHAPTER H-1. LICENSE TO CARRY A STUN GUN
84	84	Sec. 411.220. DEFINITIONS. In this subchapter, "stun gun"
85	85	has the meaning assigned by Section 46.01, Penal Code.
86	86	Sec. 411.221. LICENSE TO CARRY A CONCEALED STUN GUN. The
87	87	department by rule shall establish a procedure for a person to
88	88	obtain a license to carry a stun gun.
89	89	Sec. 411.222. STANDARDS AND PROCEDURAL REQUIREMENTS. In
90	90	establishing a procedure under Section 411.221, the department
91	91	shall require an applicant for a license under this subchapter to
92	92	meet standards and satisfy procedural requirements that are
93	93	substantially similar to the standards and procedural requirements
94	94	for obtaining a license to carry a concealed handgun described by
95	95	the following sections of Subchapter H:
96	96	(1) eligibility (Section 411.172);
97	97	(2) application (Section 411.174);
98	98	(3) issuance or denial of license (Section 411.177);
99	99	(4) form of license (Section 411.179(a));
100	100	(5) notification of denial, revocation, or suspension
101	101	of license; review (Section 411.180);
102	102	(6) expiration (Section 411.183);
103	103	(7) modification (Section 411.184);
104	104	(8) renewal (Section 411.185);
105	105	(9) revocation (Section 411.186); and
106	106	(10) suspension of license (Section 411.187).
107	107	Sec. 411.223. STUN GUN PROFICIENCY AND TRAINING. (a) The
108	108	director by rule shall establish minimum standards for stun gun
109	109	proficiency and shall develop and make widely available throughout
110	110	the state a course to teach stun gun proficiency and an examination
111	111	to measure stun gun proficiency. The examination to measure stun
112	112	gun proficiency must require an actual demonstration by the
113	113	applicant of the applicant's ability to safely and proficiently use
114	114	a stun gun.
115	115	(b) Except as provided by Subsection (c), the department
116	116	shall charge a fee for the training offered under this section.
117	117	(c) The director by rule shall establish minimum standards
118	118	for the certification of stun gun instructors. An applicant for
119	119	certification as a stun gun instructor under this subsection must
120	120	be a peace officer employed by the department and must successfully
121	121	complete the training offered under this section before the
122	122	department may certify the applicant as a stun gun instructor. An
123	123	applicant for certification as a stun gun instructor is not
124	124	required to pay a fee for the training under this section.
125	125	Sec. 411.224. OTHER RULES AND PROCEDURES. The department
126	126	shall adopt any other rule or establish any other procedure
127	127	necessary or appropriate to administer this subchapter.
128	128	Sec. 411.225. CONFIDENTIALITY OF RECORDS. The department
129	129	shall disclose to a criminal justice agency information contained
130	130	in its files and records regarding whether a named individual or any
131	131	individual named in a specified list is licensed under this
132	132	subchapter. The department shall, on written request and payment
133	133	of a reasonable fee to cover costs of copying, disclose to any other
134	134	individual whether a named individual or any individual whose full
135	135	name is listed on a specified written list is licensed under this
136	136	subchapter. Information on an individual subject to disclosure
137	137	under this section includes the individual's name, date of birth,
138	138	gender, race, and zip code. Except as otherwise provided by this
139	139	section, all other records maintained under this subchapter are
140	140	confidential and are not subject to mandatory disclosure under the
141	141	open records law, Chapter 552, except that the applicant or license
142	142	holder may be furnished a copy of disclosable records on request and
143	143	the payment of a reasonable fee. The department shall notify a
144	144	license holder of any request that is made for information relating
145	145	to the license holder under this section and provide the name of the
146	146	person or agency making the request. This section does not prohibit
147	147	the department from making public and distributing to the public at
148	148	no cost lists of individuals who are certified as stun gun
149	149	instructors by the department.
150	150	Sec. 411.226. DISPLAYING LICENSE; PENALTY. (a) If a
151	151	license holder is carrying a stun gun on or about the license
152	152	holder's person when a magistrate or a peace officer demands that
153	153	the license holder display identification, the license holder shall
154	154	display both the license holder's driver's license or
155	155	identification certificate issued by the department and the license
156	156	holder's license issued under this subchapter. A person who fails
157	157	or refuses to display the license and identification as required by
158	158	this subsection is subject to suspension of the person's license as
159	159	provided by department rule adopted under this subchapter.
160	160	(b) A person commits an offense if the person fails or
161	161	refuses to display the license and identification as required by
162	162	Subsection (a) after previously having had the person's license
163	163	suspended for a violation of that subsection. An offense under this
164	164	subsection is a Class B misdemeanor.
165	165	Sec. 411.227. AUTHORITY OF PEACE OFFICER TO DISARM. A peace
166	166	officer who is acting in the lawful discharge of the officer's
167	167	official duties may disarm a license holder at any time the officer
168	168	reasonably believes it is necessary for the protection of the
169	169	license holder, the officer, or another individual. The peace
170	170	officer shall return the stun gun to the license holder before
171	171	discharging the license holder from the scene if the officer
172	172	determines that the license holder is not a threat to the officer,
173	173	the license holder, or another individual and if the license holder
174	174	has not violated any provision of this subchapter or committed any
175	175	other violation that results in the arrest of the license holder.
176	176	SECTION 5. The public safety director of the Department of
177	177	Public Safety shall adopt the rules required by Section 411.223,
178	178	Government Code, as added by this Act, not later than November 1,
179	179	2009.
180	180	SECTION 6. (a) Except as provided by Subsection (b) of this
181	181	section, this Act takes effect September 1, 2009.
182	182	(b) Sections 1, 2, and 3 of this Act take effect March 1,
183	183	2010.