BROOKS, BROUK, GAUGHRAN, KAPLAN, KENNEDY, LIU, RYAN
MLTSPNSR
Add §§270.21 & 270.22, Pen L; add §396-eee, Gen Bus L; add §144-a, Exec L
Prohibits the purchase of a body vest; establishes that the purchase of a body vest shall be a class A misdemeanor for a first offense and a class E felony for each subsequent offense; establishes that the unlawful sale of a body vest shall be a class A misdemeanor for the first offense and a class E felony for any subsequent offense; creates a civil penalty for the unlawful sale or delivery of body vests.
STATE OF NEW YORK
________________________________________________________________________
9407--B
IN SENATE
May 24, 2022
___________
Introduced by Sens. KAVANAGH, KENNEDY -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
1 Section 1. The penal law is amended by adding two new sections 270.21
2 and 270.22 to read as follows:
3 § 270.21 Unlawful purchase of a body vest.
4 A person is guilty of the unlawful purchase of a body vest when, not
5 being engaged or employed in an eligible profession, they knowingly
6 purchase or take possession of a body vest, as such term is defined in
7 subdivision two of section 270.20 of this article. This section shall
8 not apply to individuals or entities engaged or employed in eligible
9 professions, which shall include police officers as defined in section
10 1.20 of the criminal procedure law, peace officers as defined in section
11 2.10 of the criminal procedure law, persons in military service in the
12 state of New York or military or other service for the United States,
13 and such other professions designated by the department of state in
14 accordance with section one hundred forty-four-a of the executive law.
15 Unlawful purchase of a body vest is a class A misdemeanor for a first
16 offense and a class E felony for any subsequent offense.
17 § 270.22 Unlawful sale of a body vest.
18 A person is guilty of the unlawful sale of a body vest when they sell,
19 exchange, give or dispose of a body vest, as such term is defined in
20 subdivision two of section 270.20 of this article, to an individual whom
21 they know or reasonably should have known is not engaged or employed in
22 an eligible profession, as such term is defined in section 270.21 of
23 this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15910-08-2
S. 9407--B 2
1 Unlawful sale of a body vest is a class A misdemeanor for the first
2 offense and a class E felony for any subsequent offense.
3 § 2. The general business law is amended by adding a new section 396-
4 eee to read as follows:
5 § 396-eee. Unlawful sale or delivery of body vests. 1. No person, firm
6 or corporation shall sell or deliver body vests to any individual or
7 entity not engaged or employed in an eligible profession, and except as
8 provided in subdivision three of this section, no such sale or delivery
9 shall be permitted unless the transferee meets in person with the
10 transferor to accomplish such sale or delivery.
11 2. The provisions of subdivision one of this section regarding in
12 person sale or delivery shall not apply to purchases made by state or
13 local government agencies for the purpose of furnishing such body vests
14 to employees in eligible professions.
15 3. For the purposes of this section, "body vest" shall have the same
16 meaning as defined in subdivision two of section 270.20 of the penal
17 law.
18 4. Any person, firm or corporation that violate the provisions of this
19 section shall be guilty of a violation punishable by a fine in an amount
20 not to exceed five thousand dollars for the first offense and in an
21 amount not to exceed ten thousand dollars for any subsequent offense.
22 § 3. The executive law is amended by adding a new section 144-a to
23 read as follows:
24 § 144-a. Eligible professions for the purchase, sale, and use of body
25 vests. The secretary of state in consultation with the division of crim-
26 inal justice services, the division of homeland security and emergency
27 services, the department of corrections and community supervision, the
28 division of the state police, and the office of general services shall
29 promulgate rules and regulations to establish criteria for eligible
30 professions requiring the use of a body vest, as such term is defined in
31 subdivision two of section 270.20 of the penal law. Such professions
32 shall include those in which the duties may expose the individual to
33 serious physical injury that may be prevented or mitigated by the wear-
34 ing of a body vest. Such rules and regulations shall also include a
35 process by which an individual or entity may request that the profession
36 in which they engage be added to the list of eligible professions, a
37 process by which the department shall approve such professions, and a
38 process by which individuals and entities may present proof of engage-
39 ment in eligible professions when purchasing a body vest.
40 § 4. This act shall take effect on the thirtieth day after it shall
41 have become a law.
