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Bills · 2021-2022 Regular Session

AB 826

Died at session end Official bill text Atom feed

Relating to: use of pepper spray by an employee of the Department of Corrections.

Corrections department of Public safety Public service commission

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, a person who intentionally uses a device or container

containing oleoresin of capsicum or CS gel (commonly known as pepper spray) to

cause bodily harm or discomfort to another person is guilty of a Class A misdemeanor.

Current law provides exceptions to the crime such as a person acting in self-defense

or defense of another, a law enforcement officer acting in an official capacity, or armed

forces or national guard personnel acting in the line of duty. This bill adds an

exception for employees of the Department of Corrections who are acting in an

official capacity. The bill also prohibits DOC from prohibiting employees from

carrying or using such devices or containers while acting in an official capacity.

Sponsors

Introduced by: Behnke (R) , Born (R) , Callahan (R) , Dittrich (R) , Gundrum (R) , James (R) , Kuglitsch (R) , Murphy (R) , Penterman (R) , Sanfelippo (R) , Snyder (R)

8 cosponsors

Cowles (R) , Feyen (R) , Jacque (R) , Marklein (R) , Nass (R) , Plumer (R) , Stroebel (R) , Wichgers (R)

Votes

Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Corrections, Ayes 9, Noes 0

Passed 9–0 Jan 19, 2022 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Corrections, Ayes 7, Noes 3

Passed 7–3 Jan 19, 2022 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 58–34 Jan 25, 2022 official source full page

Aye · 58

Full history

  1. Jan 7, 2022 · Assembly

    Introduced by Representatives Snyder, Callahan, Behnke, Born, Dittrich, Gundrum, James, Kuglitsch, Murphy, Penterman and Sanfelippo; cosponsored by Senators Feyen, Jacque, Marklein, Nass, Stroebel and Cowles

  2. Jan 7, 2022 · Assembly

    Read first time and referred to Committee on Corrections

  3. Jan 11, 2022 · Assembly

    Representative Wichgers added as a coauthor

  4. Jan 11, 2022 · Assembly

    Public hearing held

  5. Jan 13, 2022 · Assembly

    Representative Plumer added as a coauthor

  6. Jan 13, 2022 · Assembly

    Assembly Amendment 1 offered by Representative Snyder

  7. Jan 18, 2022 · Assembly

    Executive action taken

  8. Jan 19, 2022 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Corrections, Ayes 9, Noes 0

  9. Jan 19, 2022 · Assembly

    Report passage as amended recommended by Committee on Corrections, Ayes 7, Noes 3

  10. Jan 19, 2022 · Assembly

    Referred to committee on Rules

  11. Jan 20, 2022 · Assembly

    Placed on calendar 1-25-2022 by Committee on Rules

  12. Jan 25, 2022 · Assembly

    Read a second time

  13. Jan 25, 2022 · Assembly

    Assembly Amendment 1 adopted

  14. Jan 25, 2022 · Assembly

    Ordered to a third reading

  15. Jan 25, 2022 · Assembly

    Rules suspended

  16. Jan 25, 2022 · Assembly

    Read a third time and passed, Ayes 58, Noes 34

  17. Jan 25, 2022 · Assembly

    Ordered immediately messaged

  18. Jan 26, 2022 · Senate

    Received from Assembly

  19. Jan 26, 2022 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  20. Feb 8, 2022 · Senate

    Public hearing held

  21. Mar 15, 2022 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1