TAZERS:  ALLOW USE BY CITY JAIL EMPLOYEES

House Bill 5435

Sponsor:  Rep. Rick Jones

Committee:  Judiciary

Complete to 8-31-06

A SUMMARY OF HOUSE BILL 5435 AS INTRODUCED 11-22-05

The Michigan Penal Code allows the possession and use of an electro-muscular disruption device, for example, a TAZER, by certain authorized professionals associated with keeping the peace or making arrests, state and local correctional officers, probation and court officers, and airline pilots and crew members, as long as the individual is properly trained in the safe operation of the device and the device is used in the performance of the person's official duties.

House Bill 5435 would amend the Michigan Penal Code to allow the possession and reasonable use of an electro-muscular disruption (EMD) device by an individual employed in a city jail or lockup who had custody of persons detained or incarcerated in the jail or lockup and who was authorized in writing by the chief of police or sheriff to possess and use the device.

The bill would also make a change that is editorial in nature to clarify that all the listed individuals would need prior training in the use, effects, and risks of an EMD device, and could use the device only while performing official duties.

MCL 750.224a

FISCAL IMPACT:

The bill would have no fiscal impact on local governmental units.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Jan Wisniewski

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.