BILL REQ. #:  H-2326.1 

Read first time 02/26/2007.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to prohibiting the possession of body armor by felons; adding a new chapter to Title 9 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Body armor" means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.
     (2) "Criminal homicide" is murder, manslaughter, or criminally negligent homicide and is committed by a person if, without justification or excuse, the person intentionally, knowingly, recklessly, or with criminal negligence causes the death of another human being.
     (3) "Deadly weapon" means any instrument, article, or substance specifically designed for and presently capable of causing death or serious physical injury.

NEW SECTION.  Sec. 2   (1) A person commits the crime of felon in possession of body armor if the person:
     (a) Has been convicted of a felony involving violence under the law of any state or the United States; and
     (b) Knowingly is in possession or control of body armor.
     (2) Felon in possession of body armor is a class C felony.
     (3) For purposes of subsection (1) of this section, a person who has been found to be within the jurisdiction of a juvenile court for having committed an act that would constitute a felony involving violence has been convicted of a felony involving violence.
     (4) Subsection (1) of this section does not apply to:
     (a) A person who is wearing body armor provided by a peace officer for the person's safety or protection while the person is being transported or accompanied by a peace officer; or
     (b) A person who has been convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the law of the United States, for which the felony did not involve criminal homicide as defined in section 1 of this act, and who has been discharged from imprisonment, parole, or probation for the offense for a period of fifteen years prior to the date of the alleged violation of subsection (1) of this section.
     (5) It is an affirmative defense to a charge of violating subsection (1) of this section that a protective order or restraining order has been entered to the benefit of the person. The affirmative defense created by this subsection is not available if the person possesses the body armor while committing or attempting to commit a crime.

NEW SECTION.  Sec. 3   (1) A person commits the crime of unlawful possession of body armor if the person, while committing or attempting to commit a felony or misdemeanor involving violence, knowingly:
     (a) Wears body armor; and
     (b) Possesses a deadly weapon.
     (2) Unlawful possession of body armor is a class B felony.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 9 RCW.