BILL NUMBER: SB 408	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 26, 2010
	AMENDED IN SENATE  JANUARY 13, 2010
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Padilla
   (Principal coauthor: Assembly Member V. Manuel Perez)
   (Coauthors: Senators Correa,  Cox,   Harman, 
 Huff,  Leno, and Runner)
   (Coauthors: Assembly Members Cook, Hagman, Huffman, Lieu, Ma, and
Nava)

                        FEBRUARY 26, 2009

   An act to amend Section 12370 of the Penal Code, relating to body
armor, and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 408, as amended, Padilla. Body armor.
   Existing law provides that any person who has been convicted of a
violent felony who purchases, owns, or possesses body armor, as
defined in the California Code of Regulations, except as authorized,
is guilty of a felony, punishable by imprisonment in a state prison
for 16 months or 2 or 3 years. However, the court, in People v.
Saleem (Cal.App. 2nd Dist., Dec. 17, 2009, B204646), held that this
provision is unconstitutionally vague in violation of due process.
   This bill would change the definition of "body armor" for purposes
of this provision to mean any bullet-resistant material intended to
provide ballistic and trauma protection for the person wearing the
body armor. By expanding the scope of an existing crime, this bill
would create a state-mandated local program.
   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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12370 of the Penal Code is amended to read:
   12370.  (a)  Any   A  person who has
been convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, 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 subdivision
(f), except as authorized under subdivision (b), is guilty of a
felony, punishable by imprisonment in a state prison for 16 months,
or two or three years.
   (b)  Any   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 with the chief of police or county sheriff of
the jurisdiction in which he or she seeks to possess and use the body
armor for an exception to this prohibition. 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 he or she 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 his or her 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 his or her 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.
   (e) For purposes of this section only, "violent felony" refers to
the specific crimes listed in subdivision (c) of Section 667.5, and
to crimes defined under the applicable laws of the United States or
any other state, government, or country that are reasonably
equivalent to the crimes listed in subdivision (c) of Section 667.5.
   (f) For purposes of this section, "body armor" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the person wearing the body armor.
  SEC. 2.  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the public and law enforcement in California
from current and ongoing crimes involving the possession and use of
body armor by persons previously convicted of violent felonies, it is
necessary that this legislation take effect immediately.