BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 322
                                                                  Page  1

          Date of Hearing:   April 22, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 322 (Silva) - As Introduced:  February 18, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:               

           SUMMARY  

          This bill replaces the term "taser" with "electronic control  
          device" (ECD) in Penal Code sections regulating dangerous  
          weapons. 

           FISCAL EFFECT  

          Negligible, if any, state or local cost.

           COMMENTS  

           1)Rationale  . According to the author, this bill is simply  
            intended to replace a registered trademark brand name in the  
            Penal Code with a generic term for a product that multiple  
            manufacturers produce.  The author contends this change should  
            be made, as a brand name should not be used to describe a  
            product.
           
            According to TASER International, "AB 322 will replace the  
            term 'taser' with 'electronic control device' in the  
            appropriate sections throughout the Penal Code.  TASER is a  
            brand name and does not describe the device itself.  We,  
            therefore, request as a matter of good public policy that the  
            appropriate code sections refer to Electronic Control Devices  
            (ECD)."

          2)Tasers - or ECDs  - are hand-held devices that resemble a small  
            handgun, which propel two barbs intended to incapacitate a  
            person or animal through use of electric shock. The barbs are  
            intended to penetrate and attach to skin or clothing.   
            Tasers/ECDs send 50,000 volts of electrical current through  








                                                                  AB 322
                                                                  Page  2

            wires connecting the device to the barbs.  The weapon is  
            effective from up to 35 feet, and through one inch of  
            clothing.  The current flows into the body causing extreme  
            pain and a loss of muscular control.  Removing the barbs  
            usually requires medical assistance.  

            TASER International and Stinger Systems are the two main  
            manufacturers of ECDs.  
           


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081