| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to dart-firing stun guns; amending s. |
| 7 | 790.001, F.S.; defining "dart-firing stun gun" for the |
| 8 | purposes of ch. 790, F.S.; deleting the definition of |
| 9 | "remote stun gun"; amending ss. 790.01 and 790.053, F.S., |
| 10 | relating to the carrying of concealed weapons and the open |
| 11 | carrying of weapons, to conform; authorizing the carrying |
| 12 | of a dart-firing stun gun, both openly and in a concealed |
| 13 | manner, for purposes of lawful self-defense; amending s. |
| 14 | 790.054, F.S.; prohibiting the use of a dart-firing stun |
| 15 | gun against a law enforcement officer who is on duty; |
| 16 | providing a penalty; creating s. 943.1717, F.S.; providing |
| 17 | circumstances during which law enforcement, correctional, |
| 18 | and correctional probation officers may use a dart-firing |
| 19 | stun gun; requiring the Criminal Justice Standards and |
| 20 | Training Commission to establish standards for instruction |
| 21 | in the use of dart-firing stun guns; requiring that a |
| 22 | minimum number of hours in such training be included in |
| 23 | the basic skills course required for certification; |
| 24 | requiring annual training for certain officers; providing |
| 25 | an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Subsection (15) of section 790.001, Florida |
| 30 | Statutes, is amended to read: |
| 31 | 790.001 Definitions.--As used in this chapter, except |
| 32 | where the context otherwise requires: |
| 33 | (15) "Dart-firing Remote stun gun" means any nonlethal |
| 34 | device having one or more with a tethered darts that are capable |
| 35 | of delivering an electrical current range not to exceed 16 feet |
| 36 | and which shall utilize an identification and tracking system |
| 37 | which, upon use, disperses coded material traceable to the |
| 38 | purchaser through records kept by the manufacturer on all remote |
| 39 | stun guns and all individual cartridges sold which information |
| 40 | shall be made available to any law enforcement agency upon |
| 41 | request. |
| 42 | Section 2. Subsections (4) and (5) of section 790.01, |
| 43 | Florida Statutes, are amended to read: |
| 44 | 790.01 Carrying concealed weapons.-- |
| 45 | (4) It is not a violation of this section for a person to |
| 46 | carry for purposes of lawful self-defense, in a concealed |
| 47 | manner: |
| 48 | (a) A self-defense chemical spray. |
| 49 | (b) A nonlethal stun gun or dart-firing remote stun gun or |
| 50 | other nonlethal electric weapon or device that which does not |
| 51 | fire a dart or projectile and is designed solely for defensive |
| 52 | purposes. |
| 53 | (5) This section does not preclude any prosecution for the |
| 54 | use of an electric weapon or device, a dart-firing or remote |
| 55 | stun gun, or a self-defense chemical spray during the commission |
| 56 | of any criminal offense under s. 790.07, s. 790.10, s. 790.23, |
| 57 | or s. 790.235, or for any other criminal offense. |
| 58 | Section 3. Section 790.053, Florida Statutes, is amended |
| 59 | to read: |
| 60 | 790.053 Open carrying of weapons.-- |
| 61 | (1) Except as otherwise provided by law and in subsection |
| 62 | (2), it is unlawful for any person to openly carry on or about |
| 63 | his or her person any firearm or electric weapon or device. |
| 64 | (2) A person may openly carry, for purposes of lawful |
| 65 | self-defense: |
| 66 | (a) A self-defense chemical spray. |
| 67 | (b) A nonlethal stun gun or dart-firing remote stun gun or |
| 68 | other nonlethal electric weapon or device that which does not |
| 69 | fire a dart or projectile and is designed solely for defensive |
| 70 | purposes. |
| 71 | (3) Any person violating this section commits a |
| 72 | misdemeanor of the second degree, punishable as provided in s. |
| 73 | 775.082 or s. 775.083. |
| 74 | Section 4. Section 790.054, Florida Statutes, is amended |
| 75 | to read: |
| 76 | 790.054 Prohibited use of self-defense weapon or device |
| 77 | against law enforcement officer; penalties.--A person who |
| 78 | knowingly and willfully uses a self-defense chemical spray, or a |
| 79 | nonlethal stun gun or other nonlethal electric weapon or device, |
| 80 | or a dart-firing remote stun gun against a law enforcement |
| 81 | officer engaged in the performance of his or her duties commits |
| 82 | a felony of the third degree, punishable as provided in s. |
| 83 | 775.082, s. 775.083, or s. 775.084. |
| 84 | Section 5. Section 943.1717, Florida Statutes, is created |
| 85 | to read: |
| 86 | 943.1717 Use of dart-firing stun guns.-- |
| 87 | (1) A decision by a law enforcement officer, correctional |
| 88 | officer, or correctional probation officer to use a dart-firing |
| 89 | stun gun must involve an arrest or a custodial situation during |
| 90 | which the person who is the subject of the arrest or custody |
| 91 | escalates resistance to the officer from passive physical |
| 92 | resistance to active physical resistance and the person: |
| 93 | (a) Has the apparent ability to physically threaten the |
| 94 | officer or others; or |
| 95 | (b) Is preparing or attempting to flee or escape. |
| 96 | (2) The Criminal Justice Standards and Training Commission |
| 97 | shall establish standards for instructing law enforcement, |
| 98 | correctional, and correctional probation officers in the use of |
| 99 | dart-firing stun guns. The instructional standards must include |
| 100 | the effect that a dart-firing stun gun may have on a person. |
| 101 | (3) Each basic skills course required for certification as |
| 102 | a law enforcement, correctional, or correctional probation |
| 103 | officer must include instruction on the use of dart-firing stun |
| 104 | guns. The portion of the basic skills course on the use of stun |
| 105 | guns must be a minimum of 4 hours' duration. |
| 106 | (4) After completing the basic skills course, each law |
| 107 | enforcement, correctional, and correctional probation officer |
| 108 | who is authorized by his or her agency to use a dart-firing stun |
| 109 | gun must complete an annual training course on the use of dart- |
| 110 | firing stun guns. The annual training course on the use of dart- |
| 111 | firing stun guns must be a minimum of 1 hour's duration. |
| 112 | Section 6. This act shall take effect upon becoming a law. |