S T A T E O F N E W Y O R K ________________________________________________________________________ 2887 2009-2010 Regular Sessions I N A S S E M B L Y January 21, 2009 ___________ Introduced by M. of A. KOON, PEOPLES -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GALEF, HOOPER, JOHN, LAVINE, MAYERSOHN, ROBINSON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the purchase or sale of protective body vests 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 270.40 to 2 read as follows: 3 S 270.40 UNLAWFUL PURCHASING OR SELLING OF A BODY VEST. 4 1. A PERSON IS GUILTY OF UNLAWFUL PURCHASING OR SELLING OF A BODY VEST 5 WHEN HE OR SHE PURCHASES OR SELLS, OR OFFERS TO PURCHASE OR SELL, A BODY 6 VEST AS DEFINED IN SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE. 7 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO POLICE OFFICERS, 8 AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL 9 PROCEDURE LAW, PEACE OFFICERS, AS LISTED IN SECTION 2.10 OF THE CRIMINAL 10 PROCEDURE LAW, AND ALL MILITARY PERSONNEL OF THE UNITED STATES OR ANY 11 ONE OF SUCH STATES. PROVIDED, HOWEVER, A PERSON WHO REGULARLY SELLS BODY 12 VESTS TO LAW ENFORCEMENT OR MILITARY PERSONNEL SHALL ALSO BE EXEMPT FROM 13 THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION IF THEY KEEP A REGIS- 14 TER OF THEIR SALES IDENTIFYING TO WHOM THE VEST IS BEING SOLD. 15 UNLAWFUL PURCHASING OR SELLING OF A BODY VEST IS A CLASS A MISDEMEA- 16 NOR. 17 S 2. This act shall take effect on the first of November next succeed- 18 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01615-01-9