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Tuesday, February 9, 2010
Summary   -   A02887
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A02887 Summary:

BILL NO    A02887 

SAME AS    No same as

SPONSOR    Koon (MS)

COSPNSR    Peoples-Stokes, Maisel, Jaffee, Millman, Pheffer, Castro, Espaillat,
           Hooper

MLTSPNSR   Cook, Dinowitz, Galef, Gottfried, John, Lavine, Magee, Markey,
           Mayersohn, Robinson

Add S270.40, Pen L

Prohibits the purchase or sale of protective body vests except to law
enforcement or military personnel; provides for registering of such sales by
vendors; establishes unlawful purchase or sale of a body vest as a class A
misdemeanor.

A02887 Actions:

BILL NO    A02887 

01/21/2009 referred to codes
01/06/2010 referred to codes

A02887 Votes:


A02887 Memo:

 BILL NUMBER:  A2887

 TITLE OF BILL :  An act to amend the penal law, in relation to the
purchase or sale of protective body vests

 PURPOSE OR GENERAL IDEA OF BILL :  To prohibit the purchase or sale
of protective body vests except to law enforcement or military
personnel.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1:  Adds a new section to
the penal law (section 270.30) that prohibits the unlawful purchasing
or selling of a body vest. This bill exempts police officers, peace
officers and all military personnel from this provision. A retailer
who regularly sells body vests to law enforcement or military
personnel shall also be exempt from this provision if they keep a log
of their sales to identify to whom they sold a body vest. Also states
the purchase or sale of a body vest to non-exempt persons is a class A
misdemeanor.

Section 2:  States the effective date.

 JUSTIFICATION :  Body vests are utilized as a component of law
enforcement uniforms as well as for military personnel. They are
designed to protect police officers, peace officers and military
personnel from the gun fire of suspects or other acts of gun crime. In
many communities throughout the state, law enforcement officials have
seen a rise in the sale of body vests to protect drug dealers and
other criminals as they conduct their illegal activity. By wearing
body vests, criminals pose a larger threat to law enforcement because,
due to the protection the vests afford them, they are more likely to
flee the scene of a crime or fire upon law enforcement. It has been
brought to the attention of the Legislature by district attorneys and
law enforcement officials that a rise in the sale and distribution of
body vests is occurring amongst drug dealers and others involved in
the regular commission of crimes. This bill attempts to protect our
law enforcement officials by preventing criminals from obtaining body
vests, thereby making them more dangerous and more difficult to
apprehend.

 PRIOR LEGISLATIVE HISTORY :  2003-2004: A.8708/S.5445 2005-2006
A.404/S.4219 2007-2008: A.171 0/S.2780 (Robach)

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect on the first of November
next succeeding the date on which it shall have become law.
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