BILL NUMBER:  S5969

 TITLE OF BILL :

An act to amend the penal law, in relation to the unlawful wearing of
a body vest

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Penal Law Section 270.20 to expand
the circumstances under which a defendant may be charged with Unlawful
Wearing of a Body Vest, a class E felony. The current statute provides
that the felony is committed when a person wears the body vest in the
course of and in furtherance of committing a violent felony and while
possessing a firearm, rifle, or shotgun. The bill would expand the
circumstances under which wearing the body vest would constitute a
felony to include instances where a person commits a class A felony,
other than a felony contained in Penal Law Article 220 involving
controlled substances, or any degree of assault or reckless
endangerment, while possessing or appearing to possess a firearm,
rifle, shotgun, deadly weapon, dangerous instrument, or ammunition.

In addition, the bill would amend Section 270.20 to make it a Class E
felony to wear a body vest while committing a violent felony offense
or a class A felony, other than a felony contained in Penal Law
Article 220 involving controlled substances, having been convicted
              

within the prior ten years of any such offense.

 REASONS FOR SUPPORT :

The City is committed to preserving and continuing longstanding
overall reductions in major felony crime in New York City. As the City
continues its commitment to achieve even greater crime reductions, it
recognizes the need for increased vigilance in protecting those who
have contributed most directly to crime's overall decline -- police
officers. Despite the drop in the City's crime rate, police officers
remain vulnerable to persistent threats to their safety, as evidenced
by recent tragedies. Disturbing incidents of persons attacking police
officers abound, and individuals with criminal intentions are armed
with an escalating level of firepower. Some of these individuals take
advantage of the protection offered by bullet-resistant vests and
other body armor, wearing them during the commission of violent crimes
in order to facilitate their crimes and evade apprehension by
responding police officers.

The increased levels of aggressiveness and confidence that wearing
body armor fosters in those with violent criminal intent place police
officers, and the public at large, in serious danger. This bill
strengthens the deterrent effect of the current prohibition contained
in the Penal Law by expanding the circumstances under which the
wearing of a body vest is a felony crime to include circumstances that
are not covered by the current law. For example, if the perpetrator of
a hatchet attack on a police officer were to wear a body vest, wearing
the vest would not be a crime under current law since a hatchet,
despite being readily capable of causing death, is not a "firearm,
rifle or shotgun."

This legislation accounts for the many dangerous circumstances in
which an individual intent on committing a crime might seek the
advantage of wearing a body vest. The bill also prohibits an
individual who has previously committed a violent crime from wearing a
body vest in order to facilitate committing another violent crime.
Body armor should be reserved for those who need it for lawful
protection, such as police officers and others who reasonably fear
bodily harm, rather than those who use it to help them hurt others.