Senate Bill S9407

Signed By Governor
2021-2022 Legislative Session

Relates to the unlawful purchase and the unlawful sale or delivery of a body vest

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2021-S9407 - Details

Law Section:
Penal Law
Laws Affected:
Add §270.21, Pen L

2021-S9407 - Summary

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.

2021-S9407 - Sponsor Memo

2021-S9407 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9407
 
                             I N  S E N A T E
 
                               May 24, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed 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:

   Section 1. The penal law is amended by adding a new section 270.21  to
 read as follows:
 § 270.21 UNLAWFUL PURCHASE OR POSSESSION OF A BODY VEST.
   A  PERSON  IS  GUILTY OF THE UNLAWFUL PURCHASE OR POSSESSION OF A BODY
 VEST WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY PURCHASES  OR  POSSESSES  A
 BODY  VEST, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 270.20
 OF THIS ARTICLE. THIS SECTION SHALL NOT APPLY TO ACTIVE LAW  ENFORCEMENT
 OFFICERS, FIREFIGHTERS, AND OTHER FIRST RESPONDERS, OR THOSE WHOSE OCCU-
 PATIONS REQUIRE THE USE OF BODY VESTS AS DETERMINED BY THE DEPARTMENT OF
 STATE.
   UNLAWFUL  PURCHASE OR POSSESSION OF A BODY VEST IS A CLASS A MISDEMEA-
 NOR FOR A FIRST OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
   § 2. Any person currently in possession of a body vest, as  such  term
 is  defined  in  subdivision 2 of section 270.20 of the penal law, 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 S                                                          LBD15910-01-2

co-Sponsors

2021-S9407A - Details

Law Section:
Penal Law
Laws Affected:
Add §270.21, Pen L

2021-S9407A - Summary

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.

2021-S9407A - Sponsor Memo

2021-S9407A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9407--A
 
                             I N  S E N A T E
 
                               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
 
 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:
 
   Section 1. The penal law is amended by adding two new sections  270.21
 and 270.22 to read as follows:
 § 270.21 UNLAWFUL PURCHASE OF A BODY VEST.
   A  PERSON  IS GUILTY OF THE UNLAWFUL PURCHASE OF A BODY VEST WHEN, NOT
 BEING ENGAGED OR EMPLOYED IN  AN  ELIGIBLE  PROFESSION,  THEY  KNOWINGLY
 PURCHASE  OR  TAKE POSSESSION OF A BODY VEST, AS SUCH TERM IS DEFINED IN
 SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE.  THIS  SECTION  SHALL
 NOT  APPLY  TO  INDIVIDUALS  OR ENTITIES ENGAGED OR EMPLOYED IN ELIGIBLE
 PROFESSIONS, WHICH SHALL INCLUDE POLICE OFFICERS AS DEFINED  IN  SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED IN SECTION
 2.10  OF  THE CRIMINAL PROCEDURE LAW, PERSONS IN MILITARY SERVICE IN THE
 STATE OF NEW YORK OR MILITARY OR OTHER SERVICE FOR  THE  UNITED  STATES,
 AND  SUCH  OTHER  PROFESSIONS  DESIGNATED  BY THE DEPARTMENT OF STATE IN
 ACCORDANCE WITH SECTION ONE HUNDRED FORTY-FOUR-A OF THE EXECUTIVE LAW.
   UNLAWFUL PURCHASE OF A BODY VEST IS A CLASS A MISDEMEANOR FOR A  FIRST
 OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
 § 270.22 UNLAWFUL SALE OF A BODY VEST.
   A PERSON IS GUILTY OF THE UNLAWFUL SALE OF A BODY VEST WHEN THEY SELL,
 EXCHANGE,  GIVE  OR  DISPOSE  OF A BODY VEST, AS SUCH TERM IS DEFINED IN
 SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE, TO AN INDIVIDUAL WHOM
 THEY KNOW IS NOT ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, AS  SUCH
 TERM IS DEFINED IN SECTION 270.21 OF THIS ARTICLE.
   UNLAWFUL  SALE  OF  A BODY VEST IS A CLASS A MISDEMEANOR FOR THE FIRST
 OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15910-05-2

co-Sponsors

2021-S9407B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §270.21, Pen L

2021-S9407B (ACTIVE) - Summary

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.

2021-S9407B (ACTIVE) - Sponsor Memo

2021-S9407B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9407--B
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. The penal law is amended by adding two new sections 270.21
 and 270.22 to read as follows:
 § 270.21 UNLAWFUL PURCHASE OF A BODY VEST.
   A PERSON IS GUILTY OF THE UNLAWFUL PURCHASE OF A BODY VEST  WHEN,  NOT
 BEING  ENGAGED  OR  EMPLOYED  IN  AN ELIGIBLE PROFESSION, THEY KNOWINGLY
 PURCHASE OR TAKE POSSESSION OF A BODY VEST, AS SUCH TERM IS  DEFINED  IN
 SUBDIVISION  TWO  OF  SECTION 270.20 OF THIS ARTICLE. THIS SECTION SHALL
 NOT APPLY TO INDIVIDUALS OR ENTITIES ENGAGED  OR  EMPLOYED  IN  ELIGIBLE
 PROFESSIONS,  WHICH  SHALL INCLUDE POLICE OFFICERS AS DEFINED IN SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED IN SECTION
 2.10 OF THE CRIMINAL PROCEDURE LAW, PERSONS IN MILITARY SERVICE  IN  THE
 STATE  OF  NEW  YORK OR MILITARY OR OTHER SERVICE FOR THE UNITED STATES,
 AND SUCH OTHER PROFESSIONS DESIGNATED BY  THE  DEPARTMENT  OF  STATE  IN
 ACCORDANCE WITH SECTION ONE HUNDRED FORTY-FOUR-A OF THE EXECUTIVE LAW.
   UNLAWFUL  PURCHASE OF A BODY VEST IS A CLASS A MISDEMEANOR FOR A FIRST
 OFFENSE AND A CLASS E FELONY FOR ANY SUBSEQUENT OFFENSE.
 § 270.22 UNLAWFUL SALE OF A BODY VEST.
   A PERSON IS GUILTY OF THE UNLAWFUL SALE OF A BODY VEST WHEN THEY SELL,
 EXCHANGE, GIVE OR DISPOSE OF A BODY VEST, AS SUCH  TERM  IS  DEFINED  IN
 SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE, TO AN INDIVIDUAL WHOM
 THEY  KNOW OR REASONABLY SHOULD HAVE KNOWN IS NOT ENGAGED OR EMPLOYED IN
 AN ELIGIBLE PROFESSION, AS SUCH TERM IS DEFINED  IN  SECTION  270.21  OF
 THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15910-08-2

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