S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10497
 
                           I N  A S S E M B L Y
 
                               May 30, 2022
                                ___________
 
 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.