http://www.azcentral.com/news/articles/0322taser0322.html

House backs plan on 'police tools' immunity

Jacques Billeaud Associated Press Mar. 22, 2006 12:00 AM

The Arizona House gave preliminary approval Tuesday to a proposed ballot measure that would provide legal immunity to law enforcement officers for using "police tools" on people who are committing felonies.

Proponents say police tools include handcuffs, guns and other items used to stop suspects. Opponents said the proposal was meant to protect Scottsdale-based stun-gun maker Taser International Inc.

In any event, the proposal also would provide civil immunity to crime victims, local governments and manufacturers of police tools if a person is harmed by the tools while committing or attempting to commit a felony or fleeing while committing a felony.

The immunity wouldn't apply if the tools were used in intentional misconduct.

"This is a protection of the people who are trying to live by the law and for those who are protecting us by upholding the law," said Republican Rep. Warde Nichols of Chandler, sponsor of the proposal, House Concurrent Resolution 2049.

The proposal, if approved by the full Legislature, would appear on the November ballot. In that case, voters would be asked to amend the state's Constitution, which says a person's ability to recover damages for injuries can't be done away with.

Opponents questioned whether Taser ought to be given immunity when lawsuits have alleged the company's stun guns have played a role in accidental deaths. The company has vigorously denied the allegations.

"If we are going to vote for a Taser gun bill, then lets call it a Taser gun bill," said Democratic Rep. Ben Miranda of Phoenix, an opponent of the measure.

Nichols said his proposal isn't meant to apply to only one product or type of police tool.

The proposal doesn't provide a definition of police tools. Nichols said that call would be up to a judge.

Last year, the Legislature approved a law regulating remote stun guns such as Tasers.