CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 301

Introduced by Assembly Member Bauer-Kahan
(Principal coauthors: Assembly Members Berman, Connolly, and Mike Fong)

January 26, 2023

An act to repeal and add Section 31360 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 301, as introduced, Bauer-Kahan. Body armor: prohibition.
Existing law makes it a felony for a person who has been convicted of a violent felony to purchase, own, or possess body armor. Existing law authorizes a person subject to that prohibition, whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, to file a petition for an exception to the prohibition with the chief of police or county sheriff of the jurisdiction in which the person seeks to possess and use the body armor, as provided.
This bill would repeal those provisions and instead make it a misdemeanor for any person to purchase or take possession of body armor, and a felony for any person who has been convicted of a violent felony to do so, unless they are employed in specified professions. The bill would additionally make it a misdemeanor for a person, firm, or corporation to sell or deliver body armor to any person not engaged in one of those professions. The bill would require a seller to verify that a transferee is from an eligible profession, as specified. The bill would authorize the Department of Justice to expand the list of eligible professions if the duties of the profession may expose an individual engaged in the profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31360 of the Penal Code is repealed.
31360.

(a)A person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other state, government, or country, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under subdivision (b), is guilty of a felony, punishable by imprisonment in state prison for 16 months, or two or three years.

(b)A person whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, who is subject to the prohibition imposed by subdivision (a) due to a prior violent felony conviction, may file a petition for an exception to this prohibition with the chief of police or county sheriff of the jurisdiction in which that person seeks to possess and use the body armor. The chief of police or sheriff may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the chief of police or sheriff deems appropriate, based on the following:

(1)A finding that the petitioner is likely to use body armor in a safe and lawful manner.

(2)A finding that the petitioner has a reasonable need for this type of protection under the circumstances.

In making its decision, the chief of police or sheriff shall consider the petitioner’s continued employment, the interests of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that law enforcement officials exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, this paragraph may not be construed to require law enforcement officials to grant relief to any particular petitioner. Relief from this prohibition does not relieve any other person or entity from any liability that might otherwise be imposed.

(c)The chief of police or sheriff shall require, as a condition of granting an exception under subdivision (b), that the petitioner agree to maintain on the petitioner’s person a certified copy of the law enforcement official’s permission to possess and use body armor, including any conditions or limitations.

(d)Law enforcement officials who enforce the prohibition specified in subdivision (a) against a person who has been granted relief pursuant to subdivision (b), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in possession a certified copy of the permission granting the person relief from the prohibition, as required by subdivision (c). This immunity from liability does not relieve any person or entity from any other liability that might otherwise be imposed.

SEC. 2.

 Section 31360 is added to the Penal Code, to read:

31360.
 (a) A person is guilty of the unlawful purchase of body armor when, not being engaged or employed in an eligible profession, they knowingly purchase or take possession of body armor. This subdivision does not apply to individuals or entities engaged or employed in eligible professions.
(b) (1) No person, firm, or corporation shall sell or deliver body armor to any person or entity not engaged or employed in an eligible profession. Before selling or delivering body armor, a person, firm, or corporation shall check proof of engagement in an eligible profession.
(2) No sale or delivery of body armor shall be made unless the transferee meets in person with the transferor to accomplish the sale or delivery.
(3) For the purposes of paragraph (1), proof of engagement in an eligible profession may be satisfied by submission to the seller of a professional license issued by a federal, state, or local government, employment card or other credential issued by an employer, or in the absence of either of those, submission to the seller of a form approved by the Department of Justice that is notarized, verifying that the purchaser is engaged in an eligible profession.
(4) This subdivision does not apply to purchases made by federal, state, or local government agencies for the purpose of furnishing body armor to employees in eligible professions.
(c) For the purposes of this section, “eligible professions” means any of the following:
(1) Peace officers.
(2) Persons in military service in the state or military or other service for the United States.
(3) Federal law enforcement officers.
(4) Armored car guards.
(5) Security guards.
(6) Firefighters.
(7) Emergency medical technicians and paramedics.
(8) Firearms dealers.
(9) Body armor retailers or salespersons.
(10) Private investigators.
(11) Building safety inspectors.
(12) Code enforcement officers.
(13) Any profession added by the Department of Justice pursuant to subdivision (d).
(d) (1) The Department of Justice may add additional professions pursuant to paragraph (13) of subdivision (d). The department shall add a profession to the list of eligible professions if the duties of the profession may expose an individual engaged in the profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.
(2) An individual or entity engaged in a profession in the state that is not on the list of eligible professions may request that the Department of Justice add their profession to the list of eligible professions by filing a request with the Department of Justice in a form and method approved by the department.
(e) (1) Except as provided in paragraph (2), a violation of subdivision (a) or (b) shall be a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000) for a first offense, and not to exceed ten thousand dollars ($10,000) for any subsequent offense.
(2) A violation of subdivision (a) by a person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other state, government, or country shall be punishable by imprisonment in state prison for 16 months, or two or three years.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.