January 19, 2011, Introduced by Senator HANSEN and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224a. (1) Except as otherwise provided in this section, a
person shall not sell, offer for sale, or possess in this state a
portable device or weapon from which an electrical current,
impulse, wave, or beam may be directed, which current, impulse,
wave, or beam is designed to incapacitate temporarily, injure, or
kill.
(2) This section does not prohibit any of the following:
(a) The possession and reasonable use of a device that uses
electro-muscular disruption technology by any of the following
individuals, if the individual has been trained in the use,
effects, and risks of the device, and, in the case of an individual
described in subparagraphs (
i) to (
xi), is using the device while
performing his or her official duties:
(
i) A peace officer.
(
ii) An employee of the department of corrections who is
authorized in writing by the director of the department of
corrections to possess and use the device.
(
iii) A local corrections officer authorized in writing by the
county sheriff to possess and use the device.
(
iv) An individual employed by a local unit of government that
utilizes a jail or lockup facility who has custody of persons
detained or incarcerated in the jail or lockup facility and who is
authorized in writing by the chief of police, director of public
safety, or sheriff to possess and use the device.
(
v) A probation officer.
(
vi) A court officer.
(
vii) A bail agent authorized under section 167b.
(
viii) An individual who has been issued a concealed pistol
license issued under section 5b of 1927 PA 372, MCL 28.425b, and
has in his or her possession specific written authorization from a
licensed bail agent appointing him or her as that bail agent's
fugitive recovery representative for the specific defendant being
sought and bearing an expiration date that is not later than
December 31 of the year in which the authorization was executed or
the named defendant is apprehended, whichever occurs first.
(
ix) (
viii) A licensed private investigator.
(
x) (
ix) An aircraft pilot or aircraft crew member.
(
xi) (
x) An individual employed as a private security police
officer. As used in this subparagraph, "private security police"
means that term as defined in section 2 of the private security
business and security alarm act, 1968 PA 330, MCL 338.1052.
(
xii) An individual who holds a valid license to carry a
concealed pistol under section 5b of 1927 PA 372, MCL 28.425b.
(b) Possession solely for the purpose of delivering a device
described in subsection (1) to any governmental agency or to a
laboratory for testing, with the prior written approval of the
governmental agency or law enforcement agency and under conditions
determined to be appropriate by that agency.
(3) A manufacturer, authorized importer, or authorized dealer
may demonstrate, offer for sale, hold for sale, sell, give, lend,
or deliver a device that uses electro-muscular disruption
technology to a person authorized to possess a device that uses
electro-muscular disruption technology and may possess a device
that uses electro-muscular disruption technology for any of those
purposes.
(4) A person who violates this section subsection (1) is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $2,000.00, or both.
(5) An authorized dealer or other person who sells a device
that uses electro-muscular disruption technology to an individual
described in subsection (2)(a)(
xii) shall verify the individual's
identity and verify that the individual holds a valid concealed
pistol license issued under section 5b of 1927 PA 372, MCL 28.425b,
and shall provide to the individual purchasing the device, at the
time of the sale, training on the use, effects, and risks of the
device. A person who violates this subsection is guilty of a
misdemeanor punishable by imprisonment for not more than 30 days or
a fine of not more than $500.00, or both.
(6) Both of the following apply to the use of a device that
uses electro-muscular disruption technology by an individual
described in subsection (2)(a)(
xii):
(a) The individual shall not use the device against another
person unless the device is reasonably used in the protection of
person or property under circumstances that would justify the
individual's use of physical force. An individual who violates this
subdivision is guilty of a misdemeanor punishable by imprisonment
for not more than 2 years or a fine of not more than $2,000.00, or
both.
(b) If the individual uses, or threatens to use, the device
during the commission of a crime to temporarily or permanently
disable another person, the judge who imposes sentence upon a
conviction for that crime shall consider the defendant's use or
threatened use of the device as a reason for enhancing the
sentence.
(7) (5) As used in this section:
(a) "A device that uses electro-muscular disruption
technology" means a device to which all both of the following
apply:
(
i) The device is capable of creating an electro-muscular
disruption and is used or intended to be used as a defensive device
capable of temporarily incapacitating or immobilizing a person by
the direction or emission of conducted energy.
(
ii) The device contains an identification and tracking system
that, when the device is initially used, dispenses coded material
traceable to the purchaser through records kept by the
manufacturer, .
(
iii) The and the manufacturer of the device has a policy of
providing the that identification and tracking information
described in subparagraph (
ii) to a police agency upon written
request by that agency. However, this subdivision does not apply to
a launchable device that is used only by law enforcement agencies.
(b) "Local corrections officer" means that term as defined in
section 2 of the local corrections officers training act, 2003 PA
125, MCL 791.532.
(c) "Peace officer" means any of the following:
(
i) A police officer or public safety officer of this state or
a political subdivision of this state, including motor carrier
officers appointed under section 6d of 1935 PA 59, MCL 28.6d, and
security personnel employed by the state under section 6c of 1935
PA 59, MCL 28.6c.
(
ii) A sheriff or a sheriff's deputy.
(
iii) A police officer or public safety officer of a junior
college, college, or university who is authorized by the governing
board of that junior college, college, or university to enforce
state law and the rules and ordinances of that junior college,
college, or university.
(
iv) A township constable.
(
v) A marshal of a city, village, or township.
(
vi) A conservation officer of the department of natural
resources or the department of environmental quality.
(
vii) A reserve peace officer, as that term is defined in
section 1 of 1927 PA 372, MCL 28.421.
(
viii) (
vii) A law enforcement officer of another state or of a
political subdivision of another state or a junior college,
college, or university in another state, substantially
corresponding to a law enforcement officer described in
subparagraphs (
i) to (
vi) (
vii).
(
ix) (
viii) A federal law enforcement officer.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 30
of the 96th Legislature is enacted into law.
