PRINTER'S NO. 3880
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2568
Session of
2018
INTRODUCED BY GOODMAN, SNYDER, HANNA, MULLERY, BOBACK,
CALTAGIRONE, D. COSTA, DeLUCA, DRISCOLL, HARKINS, KAVULICH,
MILLARD, MUSTIO, READSHAW, SCHLOSSBERG AND WARD,
JULY 23, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JULY 23, 2018
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions relating
to inmate confinement, providing for electronic stun guns.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5908. Electronic stun guns.
(a) Issuance.--The department shall issue an electronic stun
gun to a corrections officer who is employed by and on duty in a
State correctional institution.
(b) Training.--The following shall apply:
(1) In order for a corrections officer to be eligible to
receive and carry an electronic stun gun under this section,
the corrections officer shall complete a training course in
accordance with department policy on the use of electronic
stun guns.
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(2) A corrections officer who completes a training
course under paragraph (1) and subsequently transfers to
employment at a different State correctional institution
shall not be required to complete an additional training
course solely due to the transfer.
(3) A corrections officer who completes a training
course required under paragraph (1) shall do so during the
course of that officer's regular employment and shall be
compensated at the same rate that the officer would be
compensated for conducting the officer's regular duties.
(c) Use of electronic stun guns.--Corrections officers that
are issued electronic stun guns under subsection (a) may use the
electronic stun gun in accordance with department policy,
including:
(1) in any situation in which verbal direction given to
inmates has failed and staff may have to use physical force
to maintain or regain control;
(2) when an inmate is barricaded or armed and cannot be
approached without danger to staff and the inmate; or
(3) when it is determined that a delay in establishing
control would constitute a hazard to the inmate or other
individuals or would result in a disturbance or property
damage.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electronic stun gun." The term shall have the meaning given
to the term "electric or electronic incapacitation device" under
18 Pa.C.S. § 908.1(f) (relating to use or possession of electric
or electronic incapacitation device).
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Section 2. This act shall take effect in 60 days.
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