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SB 309: "An Act relating to the use of force by peace officers and correctional officers."

00SENATE BILL NO. 309 01 "An Act relating to the use of force by peace officers and correctional officers." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.81 is amended by adding a new section to read: 04  Sec. 11.81.415. Justification: Use of nonlethal firearms and defensive 05 weapons by peace officers and guards as nondeadly force. (a) Whenever a guard 06 employed in a correctional facility or a peace officer is justified under other sections 07 of this chapter in using nondeadly force, the force that the guard or peace officer may 08 use includes the use of a (1) nonlethal firearm, or (2) defensive weapon. The use of 09 a nonlethal firearm or a defensive weapon does not amount to the use of deadly force 10 if the firearm or weapon is used in the manner it was designed to be used. 11  (b) In this section, "nonlethal firearm" means a firearm that discharges a 12 projectile that is designed to stun, temporarily incapacitate, or cause temporary 13 discomfort to a person without penetrating the person's body. 14 * Sec. 2. AS 11,81.420(a) is amended to read:

01  (a) Unless inconsistent with AS 11.81.320 - 11.81.415 [AS 11.81.320 - 02 11.81.410], conduct that [WHICH] would otherwise constitute an offense is justified 03 when it is required or authorized by law or by a judicial decree, judgment, or order.