Chapter 144

2012 -- H 7837 SUBSTITUTE A AS AMENDED

Enacted 06/04/12

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

Introduced By: Representatives Lally, and O`Neill

Date Introduced: February 28, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

11-47-20.4. Body armor. – (a) It shall be unlawful within this state for any person to

purchase, own or possess body armor, if that person has been convicted of a felony that is a crime

of violence. It shall be an affirmative defense under this section that the defendant obtained prior

written certification from his or her employer that the defendant’s purchase, use or possession of

body armor was necessary for the safe performance of lawful business activity. It shall also be an

affirmative defense for a confidential informant or witness with a conviction for a crime of

violence to possess body armor when that person is engaged by a law enforcement agency, for a

legitimate law enforcement purpose, and is under the direct supervision and acting under the

direct authorization of the colonel or chief of police of that law enforcement agency. Any person

who violates the provisions of this section shall be punished by imprisonment for not more than

three (3) years, or a fine of not more than five thousand dollars ($5,000), or both.

(b) Definitions. For the purposes of this section, the following definitions shall apply:

(1) “Crime of violence” means murder, manslaughter, first degree arson, kidnapping with

intent to extort, robbery, larceny from the person, first degree sexual assault, second degree

sexual assault, first and second degree child molestation, assault with intent to murder, assault

with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering

a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

(2) “Body armor” means any product sold or offered for sale, in interstate or foreign

commerce, as personal protective body covering intended to protect against gunfire, regardless of

whether the product is to be worn alone or is sold as a complement to another product or garment.

SECTION 2. This act shall take effect upon passage.

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LC01952/SUB A

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