Senate Bill S7299

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7299
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the unlawful purchase  and
   sale of body armor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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 IN THE SECOND DEGREE.
   A  person  is  guilty  of  the  unlawful purchase of body armor IN THE
 SECOND DEGREE when, not being engaged or employed in an eligible profes-
 sion, 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  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 mili-
 tary  service  in the state of New York or military or other service for
 the United States,] and such other professions designated by the depart-
 ment of state in accordance with section one hundred forty-four-a of the
 executive law. AS IT RELATES TO  KNOWINGLY  TAKING  POSSESSION  OF  BODY
 ARMOR,  THIS  SECTION SHALL NOT APPLY TO PERSONS IN THE MILITARY SERVICE
 FOR THE STATE OF NEW YORK OR MILITARY OR OTHER SERVICE  FOR  THE  UNITED
 STATES  WHO  ARE  ISSUED  BODY  ARMOR  AS A REQUIREMENT OF SUCH SERVICE.
 "ELIGIBLE PROFESSIONS" SHALL NOT  INCLUDE  MEMBERS  OF  THE  UNORGANIZED
 MILITIA  AS  DEFINED  PURSUANT  TO SUBDIVISION TWO OF SECTION TWO OF THE
 MILITARY LAW.
   Unlawful purchase of body armor IN THE SECOND  DEGREE  is  a  class  A
 misdemeanor [for a first offense and a class E felony for any subsequent
 offense].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11123-01-3
 S. 7299                             2
              

 
   § 2. The penal law is amended by adding a new section 270.21-a to read
 as follows:
 § 270.21-A UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF THE UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST
 DEGREE WHEN:
   1. NOT BEING ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, THEY KNOW-
 INGLY 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 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, AND SUCH OTHER PROFESSIONS DESIG-
 NATED BY THE DEPARTMENT OF STATE IN ACCORDANCE WITH SECTION ONE  HUNDRED
 FORTY-FOUR-A  OF  THE  EXECUTIVE  LAW. AS IT RELATES TO KNOWINGLY TAKING
 POSSESSION OF BODY ARMOR, THIS SECTION SHALL NOT APPLY TO PERSONS IN THE
 MILITARY SERVICE FOR THE STATE OF NEW YORK OR MILITARY OR OTHER  SERVICE
 FOR THE UNITED STATES WHO ARE ISSUED BODY ARMOR AS A REQUIREMENT OF SUCH
 SERVICE.  "ELIGIBLE  PROFESSIONS" SHALL NOT INCLUDE MEMBERS OF THE UNOR-
 GANIZED MILITIA AS DEFINED PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF
 THE MILITARY LAW; AND
   2. HAS BEEN CONVICTED OF THE CRIME OF UNLAWFUL PURCHASE OF BODY  ARMOR
 IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
   UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELO-
 NY.
   § 3. 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 IN THE SECOND DEGREE.
   A  person  is  guilty of the unlawful sale of body armor IN THE SECOND
 DEGREE 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.
   Unlawful  sale  of body armor IN THE SECOND DEGREE is a class A misde-
 meanor [for the first offense and a class E felony  for  any  subsequent
 offense].
   § 4. The penal law is amended by adding a new section 270.22-a to read
 as follows:
 § 270.22-A UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY  OF THE UNLAWFUL SALE OF BODY ARMOR IN THE FIRST
 DEGREE WHEN:
   1. 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; AND
   2. THEY HAVE BEEN CONVICTED OF THE CRIME  OF  UNLAWFUL  SALE  OF  BODY
 ARMOR IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
   UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 5. This act shall take effect immediately.