BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 582

79R14613 KEL-D                                                                                           By: Reyna (Whitmire)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, persons other than law enforcement are able to purchase stun guns, the shock of which can temporarily paralyze the recipient.  While stun guns are an invaluable tool to law enforcement officers, they may also be used by an attacker during an assault.

 

H.B. 582 addresses this issue by amending the Penal Code to make it an offense to for a person to forcefully take or attempt to take an officer's stun gun from a peace officer, parole officer or community supervision and corrections department officer.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 38.14(a) and (b), Penal Code, as follows:

 

(a)  Defines "firearem" and "stun gun."  Makes nonsubstantive changes. 

 

(b)  Provides that a person commits an offense if the person intentionally or knowingly and with force takes or attempts to take a stun gun from certain officers. 

 

SECTION 2.  Makes application of this Act prospective.  Provides that, for purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

 

SECTION 3.  Effective date:  September 1, 2005.