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A00352 Summary:

BILL NOA00352
 
SAME ASNo Same As
 
SPONSORJacobson
 
COSPNSR
 
MLTSPNSR
 
Add 270.21, Pen L
 
Prohibits the purchase or possession of a body vest; establishes that the purchase or possession of a body vest shall be a class A misdemeanor for a first offense and a class E felony for each subsequent offense.
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A00352 Actions:

BILL NOA00352
 
01/06/2021referred to codes
03/01/2021enacting clause stricken
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A00352 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A352
 
SPONSOR: Jacobson
  TITLE OF BILL: An act to amend the penal law, in relation to the unlawful purchase or possession of a body vest   PURPOSE: This bill would make the purchase or possession of a bullet-proof vest illegal unless one is an active law enforcement officer or employed in an occupation which requires the use of body vests.   SUMMARY OF PROVISION: Section 1 makes it illegal to purchase or own a body vest (bullet-proof vest) except if one is an active law enforcement officer or employed in an occupation which require the use of body vests as determined by the Department of State. An unlawful purchase or possession of a body vest is a class A misdemeanor for the first offense and a class E felony for any subsequent offense. Section 2 provides that any person in possession of a body vest shall have 15 days from the effective date of this act to dispose of such body vest at any local or state law enforcement agency. Section 3 sets forth the effective date. This act shall take effect on the sixtieth day after it shall become a law.   JUSTIFICATION: Unless you are actively working in law enforcement, there is no legiti- mate reason to purchase or own a bullet-proof vest (known in New York State law as a body vest). Bullet-proof vests are necessary to protect those in law enforcement or those whose professions put them at risk of injury such as armored car drivers or security guards. Otherwise, bullet proof vests are used by those intending to protect themselves while committing crimes.   PRIOR LEGISLATIVE HISTORY: 2019-20: A8538 - referred to codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No fiscal impact to the state. Local and state law enforcement agencies may incur some minor expenses for collection and disposal of body vests.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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A00352 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           352
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. JACOBSON, McDONOUGH, MONTESANO, GOTTFRIED -- read
          once and referred to the Committee on Codes
 
        AN  ACT  to amend the penal law, in relation to the unlawful purchase or
          possession 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 a new section 270.21 to
     2  read as follows:
     3  § 270.21 Unlawful purchase or possession of a body vest.
     4    A person is guilty of the unlawful purchase or possession  of  a  body
     5  vest  when  he  or she knowingly and unlawfully purchases or possesses a
     6  body vest, as such term is defined in subdivision two of section  270.20
     7  of  this article. This section shall not apply to active law enforcement
     8  officers or those whose occupations require the use  of  body  vests  as
     9  determined by the department of state.
    10    Unlawful  purchase or possession of a body vest is a class A misdemea-
    11  nor for a first offense and a class E felony for any subsequent offense.
    12    § 2. Any person currently in possession of a body vest, as  such  term
    13  is  defined in subdivision two of section 270.20 of the penal law, shall
    14  have 15 days from the effective date of this act to dispose of such body
    15  vest at any local or state law enforcement agency.
    16    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    17  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05227-01-1
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