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2012 -- S 2685 SUBSTITUTE A AS AMENDED | |
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LC01972/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - WEAPONS | |
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Introduced By: Senator Michael J. McCaffrey | |
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Date Introduced: March 01, 2012 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
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by adding thereto the following section: |
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11-47-20.4. Body armor. – (a) It shall be unlawful within this state for any person to |
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purchase, own or possess body armor, if that person has been convicted of a felony that is a crime |
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of violence. It shall be an affirmative defense under this section that the defendant obtained prior |
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written certification from his or her employer that the defendant’s purchase, use or possession of |
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body armor was necessary for the safe performance of lawful business activity. It shall also be an |
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affirmative defense for a confidential informant or witness with a conviction for a crime of |
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violence to possess body armor when that person is engaged by a law enforcement agency, for a |
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legitimate law enforcement purpose, and is under the direct supervision and acting under the |
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direct authorization of the colonel or chief of police of that law enforcement agency. Any person |
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who violates the provisions of this section shall be punished by imprisonment for not more than |
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three (3) years, or a fine of not more than five thousand dollars ($5,000), or both. |
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(b) Definitions – For the purposes of this section, the following definitions shall apply: |
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(1) “Crime of violence” means murder, manslaughter, first degree arson, kidnapping with |
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intent to extort, robbery, larceny from the person, first degree sexual assault, second degree |
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sexual assault, first and second degree child molestation, assault with intent to murder, assault |
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with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering |
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a dwelling house with intent to commit murder, robbery, sexual assault, or larceny. |
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(2) “Body armor” means any product sold or offered for sale, in interstate or foreign |
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commerce, as personal protective body covering intended to protect against gunfire, regardless of |
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whether the product is to be worn alone or is sold as a complement to another product or garment. |
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SECTION 2. This act shall take effect upon passage. |
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LC01972/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - WEAPONS | |
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This act would make it unlawful for any person to purchase, own or possess body armor, |
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if that person has been convicted of a felony that is a crime of violence. |
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This act would take effect upon passage. |
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LC01972/SUB A | |
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