Senate Bill S4015

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

                                  4015

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

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.
                                                           LBD09404-01-3
              

S. 4015                             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 22 to read as follows:
  22. "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.  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 5. 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 6. 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

S. 4015                             3

effective  date  are authorized and directed to be made and completed on
or before such effective date.