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

00HOUSE CS FOR SENATE BILL NO. 309(STA) 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 by peace officers 05 and guards as nondeadly force. (a) Whenever a guard employed in a correctional 06 facility or a peace officer is justified under other sections of this chapter in using 07 nondeadly force, the force that the guard or peace officer may use includes the use of 08 a nonlethal firearm. The use of a nonlethal firearm does not amount to the use of 09 deadly force if the firearm is used in the manner it was designed to be used. 10  (b) In this section, "nonlethal firearm" means a firearm that discharges a 11 projectile that is designed to stun, temporarily incapacitate, or cause temporary 12 discomfort to a person without penetrating the person's body. 13 * Sec. 2. AS 11.81.420(a) is amended to read: 14  (a) Unless inconsistent with AS 11.81.320 - 11.81.415 [AS 11.81.320 -

01 11.81.410], conduct that [WHICH] would otherwise constitute an offense is justified 02 when it is required or authorized by law or by a judicial decree, judgment, or order.