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Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.