BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 408
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 408 (Padilla) - As Amended:  January 26, 2010 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     Yes                  State Mandated Local Program:   
          No     Reimbursable:               

           SUMMARY  

          This bill clarifies the definition of body armor, for purposes  
          of prosecuting persons with a prior conviction for a violent  
          felony who are prohibited from purchasing or possessing body  
          armor, by deleting the current definition of body armor in this  
          section, defined as "ballistic resistance to the penetration of  
          the test ammunition for which a complete armor is certified,"  
          and defining body armor as armor made from any bullet resistant  
          material intended to provide ballistic and trauma protection for  
          the wearer.

           FISCAL EFFECT

           Potential for minor state incarceration costs, to the extent  
          this clarification results in additional state prison  
          commitments. Over the past two years, eight persons have been  
          committed to state prison for this offense. It is unlikely this  
          measure will significantly increase these figures. 

           COMMENTS

          1)Rationale  . Current law makes it a felony, punishable by 16  
            months, 2, or 3 years in state prison for any person with a  
            conviction for a violent felony to purchase or possess body  
            armor. Current law, however, does not explicitly define body  
            armor but references a definition in the California Code of  
            Regulations (CCR). Proponents (law enforcement) contend this  
            definition can be problematic because the relevant CCR Section  
            establishes a standard intended for use by police agencies  
            buying body armor, not for prosecution. 









                                                                  SB 408
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            Proponents cite two appellate court decisions: 

             a)   A February 2008 California Fourth District Appellate  
               Court opinion that overturned a conviction for possession  
               of body armor by a person convicted of a violent felony due  
               to lack of evidence that the body armor was certified to  
               "provide ballistic resistance to the penetration of test  
               ammunition." Certification requires testing of the armor,  
               which has to meet the body armor standards defined in the  
               CCR. 


             b)   A December 2009 California Second District Court of  
               Appeal held Penal Code Section 12370 is unconstitutionally  
               vague and that statute is therefore invalid. The basis of  
               the decision was that "only an expert would know if any  
               particular protective body vest was proscribed by section  
               12370." 


            According to the author, "I'm carrying SB 408 to once again  
            make it illegal for violent felons to own bullet-proof vests  
            and body armor. This bill has strong support throughout the  
            law enforcement community who believe that this is a  
            significant tool in protecting the safety of peace officers in  
            the line of duty." 

           2)Support  . According to the L.A. D.A.'s Office, "SB 408 corrects  
            the constitutional defect and restores this vital public  
            safety protection. 

            "Unless this bill is adopted by the Legislature and signed  
            into law, it will be legal for violent felons to possess and  
            wear body armor in California. We believe that there is a very  
            real possibility that a peace officer or member of the public  
            will be killed or seriously injured unless the ban on body  
            armor for violent felons is reinstated."


           3)Related Legislation  . AB 960 (V. M. Perez) is similar and  
            pending in the Senate Public Safety Committee. The authors  
            have agreed on SB 408 as the vehicle for the fix, and Mr.  
            Perez is a co-author of SB 408. 

           








                                                                  SB 408
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           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081