An Act Regardinq Criminal Use of an Electronic Weapon Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17·A MRSA §1004 is enacted to read: §1004. Criminal use of electronic weapon 1. Except as provided in subsection 4. a person is guilty of criminal use of an electronic weapon if the person intentionally. knowingly or recklessly uses an electronic weapon upon any other person. 2. As used in this section. "electronic weapon" means 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 have a disabling effect upon human beings. 3. Criminal use of an electronic weapon is a Class D crime. Page l-LR2199(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1271
Committee Amendment CA_A_H449 (House)

COMMITTEE AMENDMENT "A" to H.P. 868, L.D. 1271, 
Act Regarding the Possession of an Electronic Weapon" 
Bill, "An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Regardinq Criminal Use of an Electronic Weapon' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17·A MRSA §1004 is enacted to read: 
§1004. 
Criminal use of electronic weapon 
1. 
Except as provided in subsection 4. a person is guilty 
of 
criminal 
use 
of 
an 
electronic 
weapon 
if 
the 
person 
intentionally. knowingly or recklessly uses an electronic weapon 
upon any other person. 
2. 
As used in this section. "electronic weapon" means 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 have a disabling effect upon human 
beings. 
3. 
Criminal use of an electronic weapon is a Class D crime. 
Page l-LR2199(2) 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT "A" to H.P. 868, L.D. 1271 
4. 
This section does not apply to the use of an electronic 
weapon by: 
A. 
A 
law 
enforcement 
officer, 
corrections 
officer 
or 
corrections supervisor engaged in the performance of the law 
enforcement officer's, corrections officer's or corrections 
supervisor's public duty if the officer's or corrections 
supervisor's appointing authority has authorized such use of 
an electronic weapon: or 
B. 
A person using deadly force when that use is for the 
purpose of: 
(1) 
Defending 
that 
person 
or 
a 
3rd 
person 
as 
authorized under section 108, subsection 2: or 
(2) 
Defending 
that 
person's 
dwelling 
place 
as 
authorized under section 104, subsections 3 and 4. ' 
SUMMARY 
This 
amendment 
replaces 
the bill 
and 
criminalizes 
the 
intentional, knowing or reckless use of an electronic weapon by a 
person against another human being with 2 exceptions. 
First, the 
crime does not apply to the use of an electronic weapon by a law 
enforcement 
officer, 
corrections 
officer 
or 
corrections 
supervisor while engaged in the performance of public duty if an 
appointing authority has authorized such use of an electronic 
weapon under the circumstance. 
Second, the crime does not apply 
to the use of electronic weapons by persons when legally entitled 
to employ deadly force to protect themselves or 3rd persons 
pursuant to the Maine Revised Statutes, Title 17-A, section 108, 
subsection 2 or to defend their dwelling places pursuant to Title 
17-A, section 104, subsections 
and 4. 
Criminal use of an 
electronic weapon is a Class D crime. 
"Electronic weapon" is 
defined similarly to the term in the bill except that the weapon 
"is designed to have a disabling effect upon human beings" rather 
than "to cause bodily 
~nJury or serious bodily 
~nJury to 
a 
person" as originally proposed. 
The definition is intended to 
include, but not be limited to, stun gun weapons, such as Tasers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/16105 ~ae 
LD 1271 
LR2199(02) 
An Act Regarding the Possession of an Electronic Weapon 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class D crime. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2199(2) - Fiscal Note - Page 1 of 1