STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1072	By:	Barrington

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2011, Sections 1289.19 and 1289.26, which relate to certain definitions and the wearing of body armor when committing a felony; adding definition; providing for enhanced penalty for use of certain helmet in commission of certain crimes; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1289.19, is amended to read as follows:
Section 1289.19.  As used in Sections 1289.20 through 1289.22 and Section 1289.26 of this title and Section 2 of this act:
1.  "Restricted bullet" means a round or elongated missile with a core of less than sixty percent (60%) lead and having a fluorocarbon coating, which is designed to travel at a high velocity and is capable of penetrating body armor; and
2.  "Body armor" means a vest or shirt of ten (10) plies or more of bullet resistant material as defined by the Office of Development, Testing and Dissemination, a division of the United States Department of Justice; and
3.  “Kevlar Helmet” means the Personnel Armor System Ground Troops Helmet (PASGT Helmet) made from layers of Kevlar, a ballistic aramid fabric treated with a phenolic resin system which offers protection against shrapnel and ballistic threats, or any replacement for the Kevlar Helmet developed for and used by the U.S. Army, U.S. Air Force service or the U.S. Marine Corp. and U.S. Navy service.
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 1289.26, is amended to read as follows:
Section 1289.26.
USE OF BODY ARMOR
Any person who commits or attempts to commit a felony while wearing body armor or a helmet as defined in Section 1289.19 of this title, in addition to the penalty provided by statute for the felony committed or attempted, upon conviction shall be guilty of a felony for wearing such body armor or helmet, which shall be a separate offense from the felony committed or attempted, and shall be punishable by imprisonment in the State Penitentiary for a period of not more than ten (10) years for the first offense, and for a period of not more than twenty (20) years for any second or subsequent offense.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-2032	LKS	1/5/2012 10:51:36 AM