S T A T E O F N E W Y O R K
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10497
I N A S S E M B L Y
May 30, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jacobson) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, the general business law and the execu-
tive law, in relation to the unlawful purchase and unlawful sale or
delivery of a body vest
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:
§ 270.21 UNLAWFUL PURCHASE OF A BODY VEST.
A PERSON IS GUILTY OF THE UNLAWFUL PURCHASE OF A BODY VEST WHEN, NOT
BEING ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, THEY KNOWINGLY
PURCHASE OR TAKE POSSESSION OF A BODY VEST, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE. THIS SECTION SHALL
NOT APPLY TO INDIVIDUALS OR ENTITIES ENGAGED OR EMPLOYED IN ELIGIBLE
PROFESSIONS, WHICH SHALL INCLUDE POLICE OFFICERS AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED IN SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW, PERSONS IN MILITARY SERVICE IN THE
STATE OF NEW YORK OR MILITARY OR OTHER SERVICE FOR THE UNITED STATES,
AND SUCH OTHER PROFESSIONS DESIGNATED BY THE DEPARTMENT OF STATE IN
ACCORDANCE WITH SECTION ONE HUNDRED FORTY-FOUR-A OF THE EXECUTIVE LAW.
UNLAWFUL PURCHASE OF A BODY VEST IS A CLASS A MISDEMEANOR FOR A FIRST
OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
§ 270.22 UNLAWFUL SALE OF A BODY VEST.
A PERSON IS GUILTY OF THE UNLAWFUL SALE OF A BODY VEST WHEN THEY SELL,
EXCHANGE, GIVE OR DISPOSE OF A BODY VEST, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE, TO AN INDIVIDUAL WHOM
THEY KNOW OR REASONABLY SHOULD HAVE KNOWN IS NOT ENGAGED OR EMPLOYED IN
AN ELIGIBLE PROFESSION, AS SUCH TERM IS DEFINED IN SECTION 270.21 OF
THIS ARTICLE.
UNLAWFUL SALE OF A BODY VEST IS A CLASS A MISDEMEANOR FOR THE FIRST
OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
§ 2. The general business law is amended by adding a new section 396-
eee to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15910-07-2
A. 10497 2
§ 396-EEE. UNLAWFUL SALE OR DELIVERY OF BODY VESTS. 1. NO PERSON, FIRM
OR CORPORATION SHALL SELL OR DELIVER BODY VESTS TO ANY INDIVIDUAL OR
ENTITY NOT ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, AND EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO SUCH SALE OR DELIVERY
SHALL BE PERMITTED UNLESS THE TRANSFEREE MEETS IN PERSON WITH THE
TRANSFEROR TO ACCOMPLISH SUCH SALE OR DELIVERY.
2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION REGARDING IN
PERSON SALE OR DELIVERY SHALL NOT APPLY TO PURCHASES MADE BY STATE OR
LOCAL GOVERNMENT AGENCIES FOR THE PURPOSE OF FURNISHING SUCH BODY VESTS
TO EMPLOYEES IN ELIGIBLE PROFESSIONS.
3. FOR THE PURPOSES OF THIS SECTION, "BODY VEST" SHALL HAVE THE SAME
MEANING AS DEFINED IN SUBDIVISION TWO OF SECTION 270.20 OF THE PENAL
LAW.
4. ANY PERSON, FIRM OR CORPORATION THAT VIOLATE THE PROVISIONS OF THIS
SECTION SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE IN AN AMOUNT
NOT TO EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST OFFENSE AND IN AN
AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS FOR ANY SUBSEQUENT OFFENSE.
§ 3. The executive law is amended by adding a new section 144-a to
read as follows:
§ 144-A. ELIGIBLE PROFESSIONS FOR THE PURCHASE, SALE, AND USE OF BODY
VESTS. THE SECRETARY OF STATE IN CONSULTATION WITH THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE
DIVISION OF THE STATE POLICE, AND THE OFFICE OF GENERAL SERVICES SHALL
PROMULGATE RULES AND REGULATIONS TO ESTABLISH CRITERIA FOR ELIGIBLE
PROFESSIONS REQUIRING THE USE OF A BODY VEST, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWO OF SECTION 270.20 OF THE PENAL LAW. SUCH PROFESSIONS
SHALL INCLUDE THOSE IN WHICH THE DUTIES MAY EXPOSE THE INDIVIDUAL TO
SERIOUS PHYSICAL INJURY THAT MAY BE PREVENTED OR MITIGATED BY THE WEAR-
ING OF A BODY VEST. SUCH RULES AND REGULATIONS SHALL ALSO INCLUDE A
PROCESS BY WHICH AN INDIVIDUAL OR ENTITY MAY REQUEST THAT THE PROFESSION
IN WHICH THEY ENGAGE BE ADDED TO THE LIST OF ELIGIBLE PROFESSIONS, A
PROCESS BY WHICH THE DEPARTMENT SHALL APPROVE SUCH PROFESSIONS, AND A
PROCESS BY WHICH INDIVIDUALS AND ENTITIES MAY PRESENT PROOF OF ENGAGE-
MENT IN ELIGIBLE PROFESSIONS WHEN PURCHASING A BODY VEST.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law.