BILL ANALYSIS
AB 322
Page 1
GOVERNOR'S VETO
AB 322 (Silva)
As Amended September 1, 2009
2/3 vote
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|ASSEMBLY: |79-0 |(May 4, 2009) |SENATE: |40-0 |(September 4, |
| | | | | |2009) |
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|ASSEMBLY: |77-0 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Replaces the term "electronic control device" (ECD)
with "less lethal weapon."
The Senate amendments :
1)Replace the term ECD with less lethal weapon.
2)Double-join this bill with AB 870 (Huber).
EXISTING LAW :
1)Provides that any person who brings or possesses any taser or
stun gun within any state or local public building or at any
meeting required to be open to the public shall be guilty of a
public offense punishable by imprisonment in a county jail for
not more than one year or in state prison.
2)Prohibits possession of any taser or stun gun within any
sterile area of an airport or passenger vessel terminal.
3)States that every person who commits an assault upon the
person of a school employee with a stun gun or taser, and who
knows or reasonably should know that the person is a school
AB 322
Page 2
employee engaged in the performance of his or her duties, when
the school employee 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.
4)Creates an exception for a duly appointed peace officer, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in
California, a person summoned by any officer to assist in
making arrests or preserving the peace while the person is
actually engaged in assisting any officer, or a member of the
military forces of this state or the United States who is
engaged in the performance of his or her duties, who brings or
possesses any dirk, dagger, ice pick, knife having a blade
longer than 2 1/2 inches, folding knife with a blade that
locks into place, a razor with an unguarded blade, a taser, or
a stun gun, any instrument that expels a metallic projectile
such as a BB or a pellet, through the force of air pressure,
CO[2] pressure, or spring action, or any spot marker gun, upon
the grounds of, or within, any public or private school
providing instruction in Kindergarten or any of Grades 1 to
12, inclusive, is guilty of a public offense, punishable by
imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison.
5)Requires any health practitioner employed in a health
facility, clinic, physician's office, local or state public
health department, or a clinic or other type of facility
operated by a local or state public health department who, in
his or her professional capacity or within the scope of his or
her employment, provides medical services for a physical
condition to a patient whom he or she knows or reasonably
suspects has been assaulted with a stun gun or taser to
immediately make a report to a local law enforcement agency.
6)Defines "stun gun" to include any item except a taser, used or
intended to be used as either an offensive or defensive weapon
capable of temporarily immobilizing a person by the infliction
of an electrical charge.
AB 322
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AS PASSED BY THE ASSEMBLY , this bill replaced the term "taser"
with "ECD."
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "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."
Please see the policy committee for a full discussion of this
bill.
GOVERNOR'S VETO MESSAGE :
"This bill would replace the term 'taser' with 'less lethal
weapon' in various sections in the Penal Code. This measure,
standing alone, does not do anything to improve the public
safety for the State of California."
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0003358