2012 -- H 7837 SUBSTITUTE A

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LC01952/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     

     

     Introduced By: Representatives Lally, and O`Neill

     Date Introduced: February 28, 2012

     Referred To: House Judiciary

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. Any person who

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

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(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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LC01952/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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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LC01952/SUB A

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H7837A