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.