SB-0029, As Passed Senate, April 26, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 29

     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 a peace officer, or by

any of the following individuals , if the individual has been

trained in the use, effects, and risks of the device, and is using

the device while performing his or her official duties:

     (i) A peace officer.

(i) (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.

(ii) (iii) A local corrections officer authorized in writing by

the county sheriff to possess and use the device.

(iii) (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.

(iv) (v) A probation officer.

(v) (vi) A court officer.

(vi) (vii) A bail agent authorized under section 167b.

(vii) (viii) A licensed private investigator.

(viii) (ix) An aircraft pilot or aircraft crew member.

(ix) (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.

     (b) The possession and reasonable use of a device that uses

electro-muscular disruption technology by an individual who holds a

valid license to carry a concealed pistol under section 5b of 1927

PA 372, MCL 28.425, and who has been trained under subsection (5)

in the use, effects, and risks of the device.

(c) (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)(b) 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) An individual described in subsection (2) shall not use a

device that uses electro-muscular disruption technology against

another person except under circumstances that would justify the

individual's lawful 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.

(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 takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 30 of the 96th Legislature is enacted into

law.