S T A T E O F N E W Y O R K
________________________________________________________________________
9090--A
2009-2010 Regular Sessions
I N A S S E M B L Y
July 27, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11993-03-0
A. 9090--A 2
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
A. 9090--A 3
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 in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly 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 perform-
ance by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual 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 UNLAWFUL 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;
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 FOR 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 OF STATE 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
A. 9090--A 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.