BILL ANALYSIS
AB 960
Page 1
Date of Hearing: April 14, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 960 (V. Manuel P?rez) - As Introduced: February 26, 2009
SUMMARY : Amends the definition of "body armor" for the
purposes of streamlining the prosecution of persons previously
convicted of a violent felony from owning or possessing body
armor. Specifically, this bill:
1)Deletes the reference to the California Code of Regulations
Title 11 Section 94 definition of "body armor", which defines
body armor as "ballistic resistance to the penetration of the
test ammunition for which a complete armor is certified."
2)Provides that "body armor" is defined as parts or all of a
complete armor that may be worn on the person that are made
from any bullet resistant material intended to provide
ballistic and trauma protection for the wearer.
EXISTING LAW :
1)Provides that "body armor" is popularly called a "bulletproof
vest". For purposes of these regulations, "body armor" is
defined as those parts of a complete armor that provide
ballistic resistance to the penetration of the test ammunition
for which a complete armor is certified. In certain models,
the body armor consists of ballistic panels without a carrier.
Other models have a carrier from which the ballistic panels
may be removed for cleaning or replacement. [Title 11
California Code of Regulations Section 942.]
2)Provides that a person who has been convicted of a violent
felony who purchases, owns, or possesses body armor is guilty
of a felony, punishable by imprisonment in a state prison for
16 months, 2 or 3 years. [Penal Code Section 12370(a).]
3)Provides that any 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 due to a
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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 a finding that the petitioner is likely
to use body armor in a safe and lawful manner and 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. States legislative intent 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. [Penal Code 12370(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "By clarifying
the current definition of body armor, AB 960 will close a loop
hole and will allow District Attorneys to successfully
prosecute violent felons for illegal possession of body armor.
Specifically, AB 960 will protect law enforcement officials,
parole officers, probation officers, and the public from
violent felons who intend to use body armor as a tool to
commit further crimes against society. AB 960 will prevent
costly retrials and will better enable the administration of
justice."
2)Background : According to the background submitted by the
author, "Existing law provides that any person who has been
convicted of a violent felony and purchases, owns, or
possesses body armor is guilty of a felony. Penal Code
Section 12022.2(c) does not explicitly define 'body armor' but
instead references a definition in the California Code of
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Regulations (CCR) Sections 941-942. However, this reference
is problematic because CCR Sections 941-942 set a minimum
standard for 'body armor' that is intended for the use of law
enforcement personnel in the field. These standards, while a
useful tool for police agencies buying body armor, provide a
cumbersome definition for the crime of possession of body
armor for a violent felon. Thus, AB 960 will clarify existing
law by deleting the erroneous reference to the California Code
of Regulations (CCR) Sections 941-942 and instead making it so
that the definition of body armor for the purposes of Penal
Code Section 12022.2(c) is 'any bullet-resistant material
intended to provide ballistic and trauma protection for the
wearer'."
3)People vs. Rodriquez : In February 2008, the California 4th
District Appellate Court, in an unpublished opinion,
overturned a Penal Code Section 12370 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." [People v. Rodriguez 2008 WL 544295, 4
(Cal.App. 4 Dist.).] Certification would have required
extensive testing of the armor, which would have to meet the
body armor standards defined in CCR Sections 941-942.
When defining "body armor," Penal Code Section 12370 currently
references CCR Sections 941-942, which was intended to define
"body armor" certification for purchase and use by law
enforcement. Uncertified but otherwise effective body armor
is not currently illegal for ownership by a person convicted
of a violent felony.
4)Argument in Support : According to the San Diego County
District Attorney (a co-sponsor of this bill), " . . . this
legislation will help clarify the law, eliminate costly
re-trails an help prosecutors punish those who have been
convicted of a violent felony and are found in possession of a
bullet-proof vest.
"Currently, Penal Code Section 12370 requires expert testimony
as to whether the specified body armor possessed meets law
enforcement testing standards. AB 960 simply streamlines this
process by allowing prosecutors to utilize the same definition
found in Penal Code Section 12022.2, which is 'any
bullet-resistant material intended to provide ballistic and
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trauma protection for the wearer.' "
5)Prior Legislation : AB 1707 (Wildman), Chapter 297, Statutes
of 1998, made it a felony for any person convicted of a
violent felony to possess body armor.
REGISTERED SUPPORT / OPPOSITION :
Support
Imperial County District Attorney (Co-Sponsor)
San Diego County District Attorney (Co-Sponsor)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs Association
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744