BILL NUMBER: AB 2973	CHAPTERED  09/28/08

	CHAPTER  556
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 2, 2008
	AMENDED IN ASSEMBLY  MAY 5, 2008
	AMENDED IN ASSEMBLY  APRIL 22, 2008

INTRODUCED BY   Assembly Member Soto
   (Coauthor: Assembly Member Ma)

                        FEBRUARY 22, 2008

   An act to amend Section 244.5 of, and to add Section 12655 to, the
Penal Code, relating to stun guns.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2973, Soto. Stun guns.
   Existing law makes it a misdemeanor or a felony to assault a
person, or to assault a peace officer or firefighter during the
performance of his or her duties, as specified, with a stun gun or a
taser. Existing law defines "stun gun" for this purpose as any item,
except a taser, used or intended to be used as a weapon that is
capable of temporarily immobilizing a person by infliction of an
electrical charge.
   This bill would replace the reference to a taser in the definition
of "stun gun" with "less lethal weapon," as defined. It would
instead make it a misdemeanor or felony to assault a person or to
assault a peace officer or firefighter in the performance of his or
her duties with a stun gun or a less lethal weapon.
   By changing the definitions of crimes, the bill would impose a
state-mandated local program.
   Existing law prohibits a person from selling or furnishing any
stun gun to a minor unless the minor is at least 16 years of age and
has the written consent of his or her parent or legal guardian. A
violation of this prohibition is punishable by a $50 fine for the
first offense, and a subsequent violation is a misdemeanor.
   This bill would make it a misdemeanor, punishable as specified, to
sell a less lethal weapon to a person under the age of 18 years.
   By changing the penalty for a crime and infraction and by creating
new crimes, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 244.5 of the Penal Code is amended to read:
   244.5.  (a) As used in this section, "stun gun" means any item,
except a less lethal weapon, as defined in Section 12601, used or
intended to be used as either an offensive or defensive weapon that
is capable of temporarily immobilizing a person by the infliction of
an electrical charge.
   (b) Every person who commits an assault upon the person of another
with a stun gun or less lethal weapon, as defined in Section 12601,
shall be punished by imprisonment in a county jail for a term not
exceeding one year, or by imprisonment in the state prison for 16
months, two, or three years.
   (c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or less lethal weapon, as
defined in Section 12601, who knows or reasonably should know that
the person is a peace officer or firefighter engaged in the
performance of his or her duties, when the peace officer or
firefighter is engaged in the performance of his or her duties, shall
be punished by imprisonment in the county jail for a term not
exceeding one year, or by imprisonment in the state prison for two,
three, or four years.
   (d) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
  SEC. 2.  Section 12655 is added to the Penal Code, to read:
   12655.  Any person who sells a less lethal weapon, as defined in
Section 12601, to a person under the age of 18 years is guilty of a
misdemeanor, punishable by imprisonment in the county jail for up to
six months or by a fine of not more than one thousand dollars
($1,000), or by both that imprisonment and fine.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.