TASERS IN A NO-CARRY ZONE                                               S.B. 572 (S-1) & 573 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

Senate Bill 572 (Substitute S-1 as reported)

Senate Bill 573 (Substitute S-1 as reported)

Sponsor:  Senator Darwin L. Booher (S.B 572)

               Senator Tom Casperson (S.B. 573)

Committee:  Judiciary

 

CONTENT

 

Senate Bill 572 (S-1) would amend the handgun licensure law to allow a person who held a license to carry a concealed pistol, or who was exempt from licensure, to carry a portable electro-muscular disruption (EMD) device (commonly known as a "stun gun" or "taser") on any of the premises where a license holder is prohibited from carrying a concealed pistol or an EMD device (commonly referred to as no-carry zones).

 

(A person who violates the no-carry zone provision is responsible for a State civil infraction and may be fined up to $500 for a first offense.  A second violation is a misdemeanor punishable by a maximum fine of $1,000.  A third or subsequent violation is a felony punishable by up to four years' imprisonment and/or a maximum fine of $5,000.  The court must order a first offender's concealed pistol license suspended for six months, and must order a second or subsequent offender's license revoked.)

 

Senate Bill 573 (S-1) would amend the Code of Criminal Procedure to delete a reference to an EMD device in the sentencing guideline for a third or subsequent offense of carrying a concealed pistol or an EMD device in a no-carry zone (a Class F public safety felony with a statutory maximum sentence of four years' imprisonment). 

 

The bills would take effect on July 1, 2014.

 

MCL 28.425o (S.B. 572)                                            Legislative Analyst:  Patrick Affholter

       777.11b (S.B. 573)

 

FISCAL IMPACT

 

Senate Bill 572 (S-1) would have an unspecified, but altogether minor fiscal impact on State and local government. In allowing license holders to carry electro-muscular disruptors in no-carry zones, as well as eliminating the State civil infraction for a first violation, the bill would reduce the amounts of civil infraction citations issued and the collected fines associated with them.  Removing the misdemeanor category for a second offense would reduce local costs of incarceration, and removing the felony category for a third or subsequent violation would save the State $35,000 per year per prisoner.  Public libraries would no longer receive State civil infraction fines and criminal fines for these violations.

 

Senate Bill 573 (S-1) would save the State $35,000 per year per prisoner by removing the third-offense Class F felony category for carrying an EMD device in a no-carry zone, to the extent that people are currently convicted of this offense.

Date Completed:  1-22-14                                                    Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.