California 2009-2010 Regular Session Status: Passed Senate

SB 1347 — Electronic control weapons.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law regulates the use and possession of less lethal weapons and stun guns, which are defined to include weapons able or intended to stun or immobilize a person, like the electrical weapons commonly known as tasers. This bill would codify the holding of the United States Court of Appeals for the Ninth Circuit in Bryan v. McPherson (2009) 590 F.3d 767, relating to the use of tasers by law enforcement, would make findings and declarations about electronic control weapons, and would encourage law enforcement agencies to establish use of force policies regarding those weapons, as specified. The bill would provide that an electronic control weapon, as defined, may only be used when objectively reasonable and compatible with specified constitutional provisions and may not be used in the absence of a threat of imminent physical harm to the officer or to others.

Bill Text

Action History

  1. Died on file.

  2. Placed on inactive file on request of Senator Leno.

  3. (Ayes 36. Noes 0. Page 3791.)

  4. Reconsideration granted.

  5. Motion to reconsider made by Senator Leno.

  6. Read third time. Refused passage. (Ayes 20. Noes 16. Page 3790.)

  7. Read second time. To third reading.

  8. From committee: Do pass. (Ayes 4. Noes 2. Page 3310.)

  9. Set for hearing April 20.

  10. Re-referred to Com. on PUB. S.

  11. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  12. To Com. on RLS.

  13. From print. May be acted upon on or after March 22.

  14. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Leno

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate 3rd Reading SB1347 Leno Reconsider

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2000
Republican 1000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Yee — Yea
Cogdill — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Runner — Yea
Wyland — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Not Voting
Alquist — Yea
Leno — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wright — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB1347 Leno

Failed 21 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211401
Democratic 0101
Republican 0100
Total 211602
% of votes cast 54%41%0%5%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Florez — Yea
Hancock — Yea
Harman — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Leno — Yea
Alquist — Yea
Dutton — Nay
Liu — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Nay
Aanestad — Nay
Ashburn — Nay
Kehoe — Yea
McLeod — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Wright — Nay
Cogdill — Nay
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4201
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Hancock — Yea
Cedillo — Yea
Cogdill — Nay
Leno — Yea
Steinberg — Yea
Huff — Nay
Wright — Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1347 do?
Existing law regulates the use and possession of less lethal weapons and stun guns, which are defined to include weapons able or intended to stun or immobilize a person, like the electrical weapons commonly known as tasers. This bill would codify the holding of the United States Court of Appeals for the Ninth Circuit in Bryan v. McPherson (2009) 590 F.3d 767, relating to the use of tasers by law enforcement, would make findings and declarations about electronic control weapons, and would encourage law enforcement agencies to establish use of force policies regarding those weapons, as specified. The bill would provide that an electronic control weapon, as defined, may only be used when objectively reasonable and compatible with specified constitutional provisions and may not be used in the absence of a threat of imminent physical harm to the officer or to others.
Who sponsors SB 1347?
SB 1347 is sponsored by Leno.
What is the current status of SB 1347?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1347?
Track SB 1347 free on One Click Politics — get push/email alerts when it moves.

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