COMMITTEE SUBSTITUTE
FOR
H. B. 2084
(By Mr. Speaker, Mr. Kiss, and Delegates Amores, Capito,
Evans and Flanigan)
(Originating in the House Committee on the Judiciary)
[January 13, 1999]
A BILL to amend article seven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifteen, relating to providing for the felony offense of
wearing body armor while committing a violent crime; and
providing penalties.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fifteen, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-15. Persons prohibited from committing violent crime
while wearing body armor; penalties; exception for law-enforcement officers; definition of law-
enforcement officer.
(a) A person who wears or is otherwise equipped with body
armor while involved in the commission of a crime involving
force, the threat of force, physical harm to another or the
employment of a firearm or other deadly weapon, is guilty of a
felony.
(b) A person convicted of violating subsection (a) of this
section shall be imprisoned in the penitentiary for not less than
two nor more than five years, or fined not more than ten thousand
dollars, or both fined and imprisoned.
(c) "Body armor" means a jacket, vest, or other similar
apparel or device constructed to provide ballistic resistance to
penetration and deformation and intended to protect the human
torso against gunfire. The term may include, but is not limited
to, apparel that incorporates inserts, or variations in
construction of the ballistic panel over small areas of the
torso, for the purpose of increasing the basic level of
protection of the armor (whether ballistic or blunt trauma) on
localized areas. Body armor may be constructed of Kevlar or
other similar fabric and may be reinforced with other materials.
Body armor may incorporate "threat" or "trauma" plates (which are
inserts that fit into the vest that will stop more powerful
rounds) or may, as "threat armor", incorporate hard panels.
(d) The provisions of this section do not apply to a law-
enforcement officer while engaged in the lawful exercise or
discharge of his or her official duties.
(e) For purposes of this section, "law-enforcement officer"
means any duly authorized member of a law-enforcement agency who
is authorized to maintain public peace and order, prevent and
detect crime, make arrests, and enforce the laws of the state or
any county or municipality thereof, other than parking
ordinances. As used in this article, the term "law-enforcement
officer" does not apply to the chief executive of any West
Virginia law-enforcement agency or any watchman, college campus
security personnel or special conservation officer.