HOUSE BILL No. 6028


     May 8, 2002, Introduced by Rep. Mortimer and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 224a (MCL 750.224a).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 224a.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN THIS

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        SECTION, A person shall not sell, offer for sale, or possess in

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        this state a portable device or weapon from which an electrical

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        current, impulse, wave, or beam may be directed, which current,

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        impulse, wave, or beam is designed to incapacitate temporarily,

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        injure, or kill.

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             (2) This section  shall  DOES not prohibit  delivery to or

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        possession by the department of state police or any agency or

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        laboratory with prior written approval of, and on conditions

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        established by, the director of the department of state police




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        for the purpose of testing such a device or weapon.  ANY OF THE

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        FOLLOWING:

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             (A) THE REASONABLE USE OF A DEVICE THAT USES

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        ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY BY A PEACE OFFICER, COR-

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        RECTIONS OFFICER, COURT OFFICER, BAIL AGENT, LICENSED PRIVATE

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        INVESTIGATOR, SECURITY GUARD, AIRCRAFT PILOT, OR AIRCRAFT CREW

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        MEMBER, WHILE PERFORMING HIS OR HER OFFICIAL DUTIES.

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             (B) THE REASONABLE USE OF A DEVICE THAT USES

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        ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY BY A PERSON PROTECTING

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        HIMSELF OR HERSELF OR ANOTHER PERSON OR PROTECTING PROPERTY,

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        UNDER CIRCUMSTANCES THAT JUSTIFY THE PERSON'S USE OF PHYSICAL

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        FORCE.

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             (C) DELIVERING A DEVICE DESCRIBED IN SUBSECTION (1) TO ANY

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        GOVERNMENTAL AGENCY OR TO A LABORATORY FOR TESTING, WITH THE

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        PRIOR WRITTEN APPROVAL OF THE GOVERNMENTAL AGENCY OR LAW ENFORCE-

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        MENT AGENCY AND UNDER CONDITIONS DETERMINED TO BE APPROPRIATE BY

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        THAT AGENCY.

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             (3) A PERSON SHALL NOT SELL OR OTHERWISE DISTRIBUTE A DEVICE

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        THAT USES ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY TO AN INDIVIDUAL

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        LESS THAN 18 YEARS OF AGE.

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             (4)  (3)  A person who violates this section is guilty of a

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        felony PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A

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        FINE OF NOT MORE THAN $2,000.00, OR BOTH.

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             (5) AS USED IN THIS SECTION, "A DEVICE THAT USES

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        ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY" MEANS A DEVICE TO WHICH

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        ALL OF THE FOLLOWING APPLY:





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             (A) THE DEVICE IS CAPABLE OF CREATING AN ELECTRO-MUSCULAR

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        DISRUPTION AND IS USED OR INTENDED TO BE USED AS A DEFENSIVE

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        DEVICE CAPABLE OF TEMPORARILY INCAPACITATING OR IMMOBILIZING A

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        PERSON BY THE DIRECTION OR EMISSION OF CONDUCTED ENERGY.

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             (B) THE DEVICE CONTAINS AN IDENTIFICATION AND TRACKING

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        SYSTEM THAT, WHEN THE DEVICE IS INITIALLY USED, DISPENSES CODED

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        MATERIAL TRACEABLE TO THE PURCHASER THROUGH RECORDS KEPT BY THE

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        MANUFACTURER.

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             (C) THE MANUFACTURER OF THE DEVICE HAS A POLICY OF PROVIDING

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        THE IDENTIFICATION AND TRACKING INFORMATION DESCRIBED IN

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        SUBDIVISION (B) TO A POLICE AGENCY UPON WRITTEN REQUEST BY THAT

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        AGENCY.
































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