ASSEMBLY, No. 106

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  PETER J. BIONDI

District 16 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Prohibits persons convicted of certain crimes from possessing body vest.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning body armor and supplementing chapter 39 of Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Any person who has been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child in violation of N.J.S.2C:24-4, carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2), or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls a body vest is guilty of a crime of the fourth degree.

     As used in this act, “body vest” has the same meaning as set forth in section 1 of P.L.1983, c.152 (C.2C:39-13).

     b.    Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. of this section, that person shall be subject to the provisions of this section.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill makes it a crime of the fourth degree for a person who has been convicted of any of the crimes enumerated in the bill to purchase, own, possess or control a body vest.  Fourth-degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.

     The bill defines "body vest" as bullet-resistant body armor intended to provide ballistic and trauma protection.

     The body armor prohibition in the bill would apply to any person convicted of:  aggravated assault; arson; burglary; escape; extortion; homicide; kidnapping; robbery; aggravated sexual assault; sexual assault; bias intimidation; endangering the welfare of a child; carjacking; possession of a prohibited weapon or device; possession of a weapon for an unlawful purpose; unlawful manufacture, transportation, disposition and defacement of weapons and
dangerous instruments and appliances; or unlawful use, possession or sale of a controlled dangerous substance.