MODEL BILLS

Stun Cuff Prohibition Act

Summary: The Stun Cuff Prohibition Act bans the sale and use of these devices.

Explanation: A stun cuff device is different than a “taser” because the stun cuff is used after the person has been brought under control, when conventional handcuffs and leg irons are effective and appropriate. Under international standards, the use of these devices represents torture. “Even when such stun restraints are worn but not activated, they may constitute cruel, inhuman or degrading treatment, maintaining prisoners in constant fear of instant pain for as long as they are worn” according to Amnesty International (see page 13).

SECTION 1. SHORT TITLE

This Act shall be called the “Stun Cuff Prohibition Act.”

SECTION 2. PURPOSE

This law is enacted to prevent cruel and inhuman treatment against people who are already under control.

SECTION 3. STUN CUFF PROHIBITION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITION—In this section:

“Electronic stun device” means a device attached to the human body with a belt, strap, or other binding and designed for use on prisoners or detainees which is capable of temporarily injuring, immobilizing, or inflicting pain on a person by the discharge of an electrical charge.

(B) ELECTRONIC STUN CUFF PROHIBITION

1. No electronic stun device shall be offered for sale, transferred, or used on any person in this [state/city/county].

2. No law enforcement or corrections officer shall strap an electronic stun device to any prisoner, detainee, or other person in the officer’s control.

3. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.