S T A T E   O F   N E W   Y O R K
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                                  3613

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the executive law and the  general  busi-
  ness  law,  in  relation  to  aggravated unlawful use of and the sale,
  delivery and transfer of body armor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 270.21
and 270.22 to read as follows:
S 270.21 AGGRAVATED UNLAWFUL WEARING OF BODY ARMOR IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED UNLAWFUL WEARING OF BODY ARMOR IN THE
SECOND DEGREE WHEN ACTING EITHER ALONE OR WITH ONE OR MORE OTHER PERSONS
HE COMMITS ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02  OF  THIS
CHAPTER  WHILE  POSSESSING A FIREARM, RIFLE OR SHOTGUN AND IN THE COURSE
OF AND IN FURTHERANCE OF SUCH CRIME HE, WHILE WEARING BODY ARMOR COMMON-
LY KNOWN OR CLASSIFIED AS TYPE I, TYPE II-A OR TYPE II IN SUCH  STANDARD
CLASSIFICATION  SYSTEMS  AS  THE NATIONAL INSTITUTE OF JUSTICE STANDARDS
FOR BALLISTIC AND KNIFE RESISTANCE OF BODY ARMOR,  INJURES  OR  KILLS  A
POLICE OFFICER.
  AGGRAVATED  UNLAWFUL  WEARING  OF BODY ARMOR IN THE SECOND DEGREE IS A
CLASS D FELONY.
S 270.22 AGGRAVATED UNLAWFUL WEARING OF BODY ARMOR IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED UNLAWFUL WEARING OF BODY ARMOR IN THE
FIRST DEGREE WHEN ACTING EITHER ALONE OR WITH ONE OR MORE OTHER  PERSONS
HE  COMMITS  ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THIS
CHAPTER WHILE POSSESSING A FIREARM, RIFLE OR SHOTGUN AND IN  THE  COURSE
OF AND IN FURTHERANCE OF SUCH CRIME HE, WHILE WEARING BODY ARMOR COMMON-
LY KNOWN OR CLASSIFIED AS TYPE III, TYPE III-A OR TYPE IV IN SUCH STAND-
ARD  CLASSIFICATION  SYSTEMS AS THE NATIONAL INSTITUTE OF JUSTICE STAND-
ARDS FOR BALLISTIC AND KNIFE RESISTANCE OF BODY ARMOR, INJURES OR  KILLS
A POLICE OFFICER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07559-01-1
              

S. 3613                             2

  AGGRAVATED  UNLAWFUL  WEARING  OF  BODY ARMOR IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
  2. When more than one sentence of imprisonment is imposed on a  person
for  two or more offenses committed through a single act or omission, or
through an act or omission  which  in  itself  constituted  one  of  the
offenses  and  also  was a material element of the other, the sentences,
except if one or more of such sentences is for a  violation  of  section
270.20, 270.21 OR 270.22 of this chapter, must run concurrently.
  S  3. Section 10.00 of the penal law is amended by adding a new subdi-
vision 21 to read as follows:
  21. "BODY ARMOR" MEANS ANY VEST OR ARTICLE OF CLOTHING MADE OF  BULLET
RESISTANT MATERIAL SUCH AS KEVLAR AND AUGMENTED BY CERAMIC CHEST PLATES.
  S  4.  Paragraph  (d) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (d)  any  of  the following felonies, or an attempt thereof where such
attempt is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section  135.10
of the penal law; custodial interference in the first degree, as defined
in  section  135.50  of  the  penal  law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal  tamper-
ing  in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first  degree,  as  defined  in
section  145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law;  identity  theft  in  the
first  degree,  as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section  205.25  of
the  penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering  with  a  witness  in  the
second  degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of  the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal  law;  bail
jumping  in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section  215.57  of
the penal law; patronizing a prostitute in the second degree, as defined
in  section  230.05  of  the  penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal  law;  promoting

S. 3613                             3

prostitution  in  the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first  degree,  as  defined  in
section  230.32 of the penal law; compelling prostitution, as defined in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly  person,  OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the
second degree, as defined in section 260.32 of the penal law;  endanger-
ing  the  welfare  of  a vulnerable elderly person, OR AN INCOMPETENT OR
PHYSICALLY DISABLED PERSON in the first degree, as  defined  in  section
260.34  of  the  penal  law;  use of a child in a sexual performance, as
defined in section 263.05 of the penal law; promoting an obscene  sexual
performance  by  a child, as defined in section 263.10 of the penal law;
possessing an obscene sexual performance  by  a  child,  as  defined  in
section  263.11  of  the  penal law; promoting a sexual performance by a
child, as defined in section 263.15 of the penal law; possessing a sexu-
al performance by a child, as defined in section  263.16  of  the  penal
law;  criminal possession of a weapon in the third degree, as defined in
section 265.02 of the penal law; criminal sale of a firearm in the third
degree, as defined in section 265.11 of the penal law; criminal sale  of
a  firearm  to  a  minor, as defined in section 265.16 of the penal law;
unlawful wearing of a body vest, as defined in  section  270.20  of  the
penal  law;  AGGRAVATED  UNLAWFUL  WEARING  OF  BODY ARMOR IN THE SECOND
DEGREE, AS DEFINED IN SECTION 270.21 OF THE PENAL LAW; AGGRAVATED UNLAW-
FUL WEARING OF BODY ARMOR IN THE FIRST DEGREE,  AS  DEFINED  IN  SECTION
270.22 OF THE PENAL LAW; hate crimes as defined in section 485.05 of the
penal  law;  and crime of terrorism, as defined in section 490.25 of the
penal law; or
  S 5. The executive law is amended by adding a  new  section  100-a  to
read as follows:
  S  100-A. CENTRAL STATE REGISTRY OF BODY ARMOR SALES. 1. THE SECRETARY
OF STATE SHALL MAINTAIN A COMPUTERIZED REGISTRY OF ALL  INDIVIDUALS  WHO
SELL,  DELIVER  OR  TRANSFER  BODY  ARMOR  PURSUANT TO THE PROVISIONS OF
SECTION THREE HUNDRED NINETY-SIX-EEE OF THE GENERAL  BUSINESS  LAW.  THE
REGISTRY  SHALL INCLUDE THE NAME, ADDRESS AND BUSINESS LICENSE OR REGIS-
TRATION NUMBER AS WELL AS THE IDENTIFYING BAR CODE OR OTHER CODE ASSOCI-
ATED WITH THE BODY ARMOR.
  2. THE SECRETARY SHALL MAINTAIN ALL RECORDS COLLECTED FOR A PERIOD  OF
FIVE  YEARS.  EVERY  DISTRIBUTOR OR DEALER OF BODY ARMOR SHALL FILE WITH
THE SECRETARY, ON A MONTHLY BASIS, A  REPORT,  STATING  ALL  THE  SALES,
DELIVERIES AND TRANSFERS OF BODY ARMOR IN SUCH FORM AND ON SUCH MEDIA AS
APPROVED FOR SUCH PURPOSE BY THE SECRETARY.
  S  6. The general business law is amended by adding a new section 396-
eee to read as follows:
  S 396-EEE. SALE OF BODY ARMOR; REGISTRY. (1) NO PERSON, FIRM OR CORPO-
RATION ENGAGED IN THE RETAIL BUSINESS OF SELLING  BODY  ARMOR,  AS  SUCH
TERM  IS  DEFINED IN SECTION 10.00 OF THE PENAL LAW, SHALL SELL, DELIVER
OR TRANSFER ANY SUCH BODY ARMOR TO ANOTHER PERSON UNLESS THE  TRANSFEREE
IS  PROVIDED  AT  THE  TIME  OF SALE, DELIVERY OR TRANSFER, WITH A LABEL

S. 3613                             4

CONTAINING THE QUOTED LANGUAGE SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS
SECTION  EITHER AFFIXED TO SUCH BODY ARMOR OR PLACED IN THE CONTAINER IN
WHICH SUCH BODY ARMOR IS SOLD, DELIVERED OR TRANSFERRED.
  (2)  EVERY  PERSON, FIRM OR CORPORATION ENGAGED IN THE RETAIL BUSINESS
OF SELLING BODY ARMOR, AS SUCH TERM IS DEFINED IN SECTION 10.00  OF  THE
PENAL  LAW,  SHALL,  IN THE PLACE WHERE SUCH BODY ARMOR ARE DISPLAYED OR
TRANSFERRED TO THE PURCHASER, POST A  NOTICE  CONSPICUOUSLY  STATING  IN
BOLD  PRINT  THAT: "THE PURCHASE, RECEIPT OR TRANSFER OF A BODY ARMOR IN
NEW YORK STATE IS REGISTERED IN THE BODY ARMOR  REGISTRY  MAINTAINED  BY
THE DEPARTMENT OF STATE."
  (3)  ANY  PERSON, FIRM OR CORPORATION WHO FAILS TO REGISTER EACH SALE,
DELIVERY OR TRANSFER OF BODY ARMOR AND COMPLY  WITH  THE  PROVISIONS  OF
THIS  SECTION  SHALL  BE GUILTY OF A VIOLATION PUNISHABLE AS PROVIDED IN
THE PENAL LAW. ANY PERSON, FIRM, OR CORPORATION WHO FAILS TO COMPLY WITH
THE PROVISIONS OF THIS SECTION AFTER HAVING BEEN PREVIOUSLY CONVICTED OF
A VIOLATION OF THIS SECTION SHALL BE GUILTY OF A  CLASS  A  MISDEMEANOR,
PUNISHABLE AS PROVIDED IN THE PENAL LAW.
  S 7. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.