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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the use of stun guns; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.01, Penal Code, is amended by adding |
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Subdivision (17) to read as follows: |
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(17) "Stun gun" means a device that is intended, |
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designed, made, or adapted to immobilize a person by inflicting an |
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electrical charge. |
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SECTION 2. Section 46.03, Penal Code, is amended by adding |
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Subsections (j) and (k) to read as follows: |
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(j) It is a defense to prosecution under this section that |
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the actor possessed a stun gun and was, at the time of the offense: |
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(1) a license holder under Subchapter H, Chapter 411, |
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Government Code, who engaged in the conduct after successfully |
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completing the training described by Section 411.0207, Government |
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Code; or |
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(2) a security officer registered with the Private |
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Security Bureau of the Department of Public Safety who engaged in |
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the conduct: |
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(A) after successfully completing the training |
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described by Section 411.0207, Government Code; and |
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(B) while traveling to or from the actor's place |
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of assignment or in the actual discharge of duties as a security |
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officer. |
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(k) It is an exception to the application of this section |
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that the actor possessed a stun gun and was, at the time of the |
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offense, a peace officer, including a commissioned peace officer of |
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a recognized state or a special investigator under Article 2.122, |
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Code of Criminal Procedure, who was authorized by law to carry a |
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weapon and who engaged in the conduct after successfully completing |
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the training described by Section 411.0207, Government Code. |
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SECTION 3. Section 46.05, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (h) and (i) |
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to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly possesses, manufactures, transports, repairs, or sells: |
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(1) an explosive weapon; |
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(2) a machine gun; |
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(3) a short-barrel firearm; |
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(4) a firearm silencer; |
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(5) a switchblade knife; |
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(6) knuckles; |
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(7) armor-piercing ammunition; |
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(8) a chemical dispensing device; [or] |
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(9) a zip gun; or |
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(10) a stun gun. |
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(b) It is a defense to prosecution under Subsections |
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(a)(1)-(9) [this section] that the actor's conduct was incidental |
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to the performance of official duty by the armed forces or national |
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guard, a governmental law enforcement agency, or a correctional |
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facility. |
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(h) It is a defense to prosecution under Subsection (a)(10) |
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that the actor was, at the time of the offense: |
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(1) a license holder under Subchapter H, Chapter 411, |
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Government Code, who engaged in the conduct after successfully |
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completing the training described by Section 411.0207, Government |
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Code; or |
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(2) a security officer registered with the Private |
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Security Bureau of the Department of Public Safety who engaged in |
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the conduct: |
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(A) after successfully completing the training |
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described by Section 411.0207, Government Code; and |
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(B) while traveling to or from the actor's place |
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of assignment or in the actual discharge of duties as a security |
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officer. |
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(i) It is an exception to the application of Subsection |
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(a)(10) that the actor was, at the time of the offense, a peace |
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officer, including a commissioned peace officer of a recognized |
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state or a special investigator under Article 2.122, Code of |
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Criminal Procedure, who was authorized by law to carry a weapon and |
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who engaged in the conduct after successfully completing the |
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training described by Section 411.0207, Government Code. |
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SECTION 4. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0207 to read as follows: |
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Sec. 411.0207. STUN GUN TRAINING. (a) In this section, |
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"stun gun" has the meaning assigned by Section 46.01, Penal Code. |
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(b) The director by rule shall establish minimum standards |
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for stun gun proficiency and shall develop and make widely |
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available throughout the state a course to teach stun gun |
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proficiency and an examination to measure stun gun proficiency. |
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The examination to measure stun gun proficiency must require an |
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actual demonstration by the applicant of the applicant's ability to |
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safely and proficiently use a stun gun. |
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(c) Except as provided by Subsection (d), the department |
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shall charge a fee for the training offered under this section. |
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(d) The director by rule shall establish minimum standards |
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for the certification of stun gun instructors. An applicant for |
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certification as a stun gun instructor under this subsection must |
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be a peace officer employed by the department and must successfully |
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complete the training offered under this section before the |
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department may certify the applicant as a stun gun instructor. An |
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applicant for certification as a stun gun instructor is not |
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required to pay a fee for the training under this section. |
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SECTION 5. The public safety director of the Department of |
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Public Safety shall adopt the rules required by Section 411.0207, |
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Government Code, as added by this Act, not later than November 1, |
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2007. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2007. |
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(b) Sections 1, 2, and 3 of this Act take effect March 1, |
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2008. |