2012 -- S 2685 SUBSTITUTE A

=======

LC01972/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

     

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

by adding thereto the following section:

1-3

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

1-4

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

1-5

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

1-6

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

1-7

body armor was necessary for the safe performance of lawful business activity. Any person who

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

2-19

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01972/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - WEAPONS

***

3-1

     This act would make it unlawful for any person to purchase, own or possess body armor,

3-2

if that person has been convicted of a felony that is a crime of violence.

3-3

     This act would take effect upon passage.

     

=======

LC01972/SUB A

=======

S2685A