S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8476
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to  body  armor  and  certain
   exemptions relating to a United States military ally
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 270.22 of the penal law, as amended by chapter  371
 of the laws of 2022, is amended to read as follows:
 § 270.22 Unlawful sale of body armor.
   A  person is guilty of the unlawful sale of body armor when they sell,
 exchange, give or dispose of body armor, 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, EXCEPT WHERE SUCH INDIVIDUAL IS IN AN EXEMPT CLASS ESTAB-
 LISHED IN SECTION 270.23 OF THIS ARTICLE, OR WHERE THE SELLER HAS REASON
 TO BELIEVE SUCH INDIVIDUAL IS IN AN EXEMPT CLASS.
   Unlawful sale of body armor is a class A  misdemeanor  for  the  first
 offense and a class E felony for any subsequent offense.
   § 2. Section 270.21 of the penal law, as amended by chapter 371 of the
 laws of 2022, is amended to read as follows:
 § 270.21 Unlawful purchase of body armor.
   A  person  is  guilty of the unlawful purchase of body armor when, not
 being engaged or employed in  an  eligible  profession,  they  knowingly
 purchase  or  take  possession of body armor, as such term is defined in
 subdivision two of section 270.20 of this article.  This  section  shall
 not  apply  TO INDIVIDUALS OR ENTITIES IN AN EXEMPT CLASS AS ESTABLISHED
 IN SECTION 270.23 OF THIS ARTICLE, OR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13437-02-3
              

 A. 8476                             2
 
 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 body armor is a class A misdemeanor for a first
 offense and a class E felony for any subsequent offense.
   § 3. The penal law is amended by adding a new section 270.23  to  read
 as follows:
 § 270.23 EXEMPT CLASS.
   1. ANY INDIVIDUAL OR ENTITY ENGAGED IN ASSISTING A UNITED STATES MILI-
 TARY  ALLY  IN  AN ONGOING MILITARY CONFLICT SHALL NOT BE REQUIRED TO BE
 ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION FOR THE PURPOSES  OF  THIS
 ARTICLE.    "UNITED STATES MILITARY ALLY" SHALL HAVE THE SAME MEANING AS
 42 USC §1711(D). FOR THE PURPOSES OF  THIS  SECTION,  "ASSISTING"  SHALL
 INCLUDE,  BUT NOT BE LIMITED TO, PROVIDING FUNDING, MATERIAL AND NON-MA-
 TERIAL SUPPORT, AND VOLUNTEERING, WHETHER DONE IN A PERSONAL CAPACITY OR
 ON BEHALF OF AN ENTITY IN AN EXEMPT CLASS, REGARDLESS  OF  WHETHER  SUCH
 ENTITY IS BASED IN THE UNITED STATES OR ABROAD.
   2.  THE  SECRETARY  OF  STATE SHALL DEVELOP AND PROVIDE AN APPLICATION
 PROCESS AND DOCUMENTATION CERTIFYING AN INDIVIDUAL OR AN ENTITY AS  PART
 OF  AN  EXEMPT  CLASS.  WHERE  NECESSARY,  THE  SECRETARY OF STATE SHALL
 COLLABORATE WITH STATE AND FEDERAL AGENCIES AND THE APPROPRIATE AUTHORI-
 TIES OF A UNITED STATES MILITARY ALLY TO  ISSUE  REGULATIONS  TO  ENSURE
 PROPER VERIFICATION OF INDIVIDUALS AND ENTITIES IN AN EXEMPT CLASS.
   § 4. This act shall take effect immediately.