BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 442

                                                                                                                                          By: Phillips

                                                                                                                               Law Enforcement

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

Currently, Section 38 of the Penal Code states that a person commits an offense if the person intentionally or knowingly, with force, takes or attempts to take an officer's firearm, nightstick, stun gun, or personal protection chemical dispensing device from a peace officer, parole officer, or community supervisions and corrections department officer with the intention of harming the officer or a third person.

C.S.H.B. 442, as proposed,  amends Section 38.14 of the Penal Code to better define "stun gun."

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

C.S.H.B. 442 amends Section 38.14(a)(2), Penal Code, to define "stun gun" as an electronic device that emits an electrical charge and is designed and primarily employed to incapacitate a person or animal through either direct contact with electrodes on the device; a projection of wired probes attached to the device; or a spark, stream of plasma, ionized gas, or another conductive stream emitting from the device.

 

EFFECTIVE DATE

 

September 1, 2007.

    

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute differs from the original in that it more specifically defines what is considered to be a stun gun.