BILL ANALYSIS
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THIRD READING
Bill No: AB 322
Author: Silva (R)
Amended: 6/15/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/4/09 (Consent) - See last page for
vote
SUBJECT : Tasers: use of generic term
SOURCE : Taser, International
DIGEST : This bill amends several Penal Code statutes to
replace the term taser with the term less lethal weapon.
ANALYSIS : Existing law defines a less lethal weapon as
any device that propels ammunition that is designed to
immobilize, or incapacitate, or stun a human being through
the infliction of any less than lethal impairment of
physical condition, function or senses, including physical
pain or discomfort. (Section 12601(a) of the Penal Code)
Existing law defines a "stun gun" as any item, except a
taser, used or intended to be used as either an offensive
CONTINUED
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or defensive weapon capable of temporarily immobilizing a
person by the infliction of an electrical charge. (Section
12650 of the Penal Code)
Existing law provides that, any person may purchase,
possess, or use a stun gun, subject to the following
requirements:
1. No person convicted of a felony or any crime involving
an assault under the laws of the United States, of the
State of California, or any other state, government, or
country or convicted of misuse of a stun gun under
Section 244.5, shall purchase, possess, or use stun
guns.
2. No person who is addicted to any narcotic drug shall
purchase, possess, or use a stun gun.
3. No person shall sell or furnish any stun gun to a minor
unless the minor is at least 16 years of age and has the
written consent of his/her parent or legal guardian.
Violation of this subdivision shall be a public offense
punishable by a $50 fine for the first offense. Any
subsequent violation of this subdivision is a
misdemeanor.
4. No minor shall possess any stun gun unless the minor is
at least 16 years of age and has the written consent of
his or her parent or legal guardian.
Except as specified, violation of these provisions is a
misdemeanor, punishable by up to six months in jail, a fine
of up to $1,000, or both. (Sections 12651 and 12653 of the
Penal Code)
Existing law provides that 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 $1,000, or by both
that imprisonment and fine. (Section 12655 of the Penal
Code)
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Existing law provides that each stun gun sold shall contain
both of the following: the name of the manufacturer
stamped on the stun gun, and
the serial number applied by the manufacturer.
Violation of these provisions is a misdemeanor, punishable
by up to six months in jail, a fine of up to $1,000, or
both. (Sections 12652 and 12653 of the Penal Code)
Existing law provides that each stun gun sold in this state
shall be accompanied by an instruction booklet. Violation
of this section shall be a public offense punishable by a
$50 fine for each weapon sold without the booklet.
(Section 12654 of the Penal Code)
Existing law provides that assault with a stun gun or taser
is an alternate felony/misdemeanor, punishable by up to one
year in county jail or eighteen months, two or three years
in state prison. (Section 244.5(b) of the Penal Code)
Existing law provides that an assault with a stun gun or
taser by any person on a peace officer or firefighter who
the person knows or reasonably should know is engaged in
the performance of his or her duties, is an alternate
felony/misdemeanor, punishable by up to one year in county
jail or two, three or four years in state prison. (Section
244.5(c) of the Penal Code)
Existing law provides that Penal Code sections relating to
assault with a stun gun or taser shall not be construed to
preclude prosecution for assault with a deadly weapon or
force likely to produce great bodily injury. (Section
244.5(d) of the Penal Code)
Existing law provides that assault with a deadly weapon
other than a firearm or by force likely to produce great
bodily injury is an alternate felony/ misdemeanor,
punishable by two, three or four years in state prison, or
up to one year in county jail, a fine of up to $10,000, or
both the fine and imprisonment. (Section 245(a)(1) of the
Penal Code)
Existing law provides that assault with a deadly weapon
other than a firearm or by any means likely to produce
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great bodily injury by any person on a peace officer or
firefighter who the person knows or reasonably should know
is engaged in the performance of his or her duties, is a
felony, punishable by three, four or five years in state
prison. (Section 245(c) of the Penal Code)
Existing law provides that to bring or possess any stun gun
or taser, as defined, in any public building or K-12 school
is an alternate felony/ misdemeanor, punishable by 18
months, two or three years in state prison, or by up to one
year in county jail. (Sections 171b and 626.10 of the
Penal Code)
This bill replaces the term "taser" with the term, "less
lethal weapon" in several specified statutes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/23/09)
Taser, International (source)
ARGUMENTS IN SUPPORT : According to the author:
"Taser" is a registered trademark and brand name of a
device. The penal code repeatedly refers to these
devices by this one brand name. Other brands are not
mentioned in the penalties for misuse of these tools.
"AB 322 is a modest measure that will replace a brand
name in the Penal Code with a generic term for a product
that multiple manufacturers produce. As a matter of
sound policy, this should be corrected, as a brand name
can not describe the product itself."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
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Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Huffman
RJG:mw 6/23/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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