Text: SF00316 Text: SF00318 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.653, Code 2001, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 59A. Carry out duties relating to body
1 4 armor permits as provided in section 724.31.
1 5 Sec. 2. NEW SECTION. 724.31 ILLEGAL BODY ARMOR –
1 6 PURCHASE OR POSSESSION.
1 7 1. Except as provided in subsection 2, a person who has a
1 8 prior conviction for a forcible felony or a crime of similar
1 9 gravity in any other jurisdiction and who purchases, attempts
1 10 to purchase, or possesses body armor commits a class "D"
1 11 felony.
1 12 2. The sheriff in the county where the person resides may
1 13 issue a permit for the purchase or possession of body armor to
1 14 a person who would otherwise be prohibited from purchasing or
1 15 possessing body armor under subsection 1 if the sheriff
1 16 believes that issuance of a permit is appropriate under the
1 17 circumstances. The sheriff may impose any restrictions or
1 18 conditions on the permit. The permit shall identify the
1 19 holder of the permit and the restrictions or conditions of
1 20 such a permit. All permits issued shall be for a definite
1 21 period as established by the issuing officer, but shall expire
1 22 no later than five years from the date of issuance.
1 23 3. A person who violates the restrictions or conditions of
1 24 a permit issued under subsection 2 commits a class "D" felony.
1 25 4. A person who has been issued a permit under subsection
1 26 2, and is purchasing or is in the immediate possession of body
1 27 armor, shall have the permit in the person's possession and
1 28 shall produce the permit for inspection at the request of a
1 29 peace officer. Failure to produce a permit is a simple
1 30 misdemeanor.
1 31 5. For purposes of this section, "body armor" means a vest
1 32 or body protection device that is created specifically to
1 33 provide protection against ballistic and other trauma.
1 34 EXPLANATION
1 35 This bill creates a new criminal offense of illegal
2 1 purchase or possession of body armor. The bill provides that
2 2 a person commits a class "D" felony if a person has a prior
2 3 conviction for a forcible felony or an equivalent offense in
2 4 another jurisdiction, and purchases, or attempts to purchase,
2 5 or possesses body armor. The term "forcible felony" is
2 6 defined in Code section 702.11, and includes felonious child
2 7 endangerment, assault, murder, sexual abuse, kidnapping,
2 8 robbery, arson in the first degree, and burglary in the first
2 9 degree.
2 10 The bill provides that a person prohibited from purchasing
2 11 or possessing body armor may receive a permit to purchase and
2 12 possess body armor from the sheriff in the county where the
2 13 person resides if the sheriff considers the issuance of the
2 14 permit appropriate under the circumstances. The bill provides
2 15 that the sheriff may place restrictions or conditions on the
2 16 permit. If a person issued a permit violates the restrictions
2 17 or conditions on the permit, the person commits a class "D"
2 18 felony.
2 19 The bill provides that if a person issued a permit fails to
2 20 carry and produce the permit after a request by a peace
2 21 officer and the person is purchasing or is in the immediate
2 22 possession of body armor, the person commits a simple
2 23 misdemeanor.
2 24 A simple misdemeanor is punishable by confinement for no
2 25 more than 30 days or a fine of at least $50 but not more than
2 26 $500, or by both. A class "D" felony is punishable by
2 27 confinement for no more than five years and a fine of at least
2 28 $750 but not more than $7,500.
2 29 LSB 2993SS 79
2 30 jm/cls/14
Text: SF00316 Text: SF00318 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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