Bill S3613-2011

Relates to aggravated unlawful use of and the sale, delivery and transfer of body armor

Relates to aggravated unlawful use of and the sale, delivery and transfer of body vests.

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Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Feb 28, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S3613

TITLE OF BILL: An act to amend the penal law, the executive law and the general business law, in relation to aggravated unlawful use of and the sale, delivery and transfer of body armor

PURPOSE OR GENERAL IDEA OF BILL: Establishes the crime of aggravated unlawful wearing of a body vest (D felony) and a central registry of distributor sales, deliveries and transfers of body armor.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. A person is guilty of aggravated unlawful wearing of a body armor when acting either alone or with one or more other persons he/she 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, while wearing a body armor, injures or kills a police officer.

A person is guilty of aggravated unlawful wearing of body armor in the second degree when they are wearing a type 1, type II-A or type II vest as defined by the national institute of justice standards for ballistic and knife resistance of body armor.

A person guilty of aggravated unlawful wearing of body armor in the second degree is a class D felony.

A person is guilty of aggravated unlawful wearing of body armor in the first degree when they are wearing a type III, type III-A or type IV vest as defined by the national institute of justice standards for ballistic and knife resistance of body armor.

A person guilty of aggravated unlawful wearing of body armor in the first degree is a class C felony.

Section 2. Section 70.25 of the penal law, as amended by chapter 56 of the laws of 1984 is amended by adding subdivision 2.

Section 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 include aggravated unlawful wearing of body armor, as defined in section 270.21 of the penal law.

Section 5. Creates a state registry for body armor sales.

JUSTIFICATION: The reoccurring use of body armor by violent criminals (i.e. April 3, 2009 Binghamton shootings, April 4, 2009 Pittsburgh police shootings, various bank robberies in Los Angeles, CA area during the late 1990's) has placed police in extremely dangerous, life-threatening situations. This legislation would allow prosecutors to charge criminals with a class D felony for wearing body armor while committing a violent crime. The legislation also creates the "body armor registry" to allow law

enforcement officials to be aware of individuals who own body armor. These actions are necessary to deter violent offenders from wearing body armor while simultaneously helping to protect the safety of law enforcement officials.

PRIOR LEGISLATIVE HISTORY: S.7020-A (2010) - Held in Finance A.11810 (2006)

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3613 2011-2012 Regular Sessions IN SENATE 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.
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
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
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.

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