12360-12370
PENAL CODE
SECTION 12360-12370
12360. No body armor shall be acquired by the commissioner pursuant to Section 2259.5 of the Vehicle Code unless, pursuant to subdivision (a) of Section 12361, the Department of Justice has certified such body armor. 12361. (a) Before a body armor may be purchased for use by state peace officers the Department of Justice, after consultation with the Department of the California Highway Patrol, shall establish minimum ballistic performance standards, and shall determine that the armor satisfies those standards. (b) Only body armor that meets state requirements under subdivision (a) for acquisition or purchase shall be eligible for testing for certification under the ballistic performance standards established by the Department of Justice; and only body armor that is certified as acceptable by the department shall be purchased for use by state peace officers. 12362. Any person engaged in the manufacture or sale of body armor may apply to the Department of Justice for certification that a particular type of body armor manufactured or sold by that person is acceptable. The applicant shall reimburse the state for any actual expenses incurred by the state in testing and certifying a particular type of body armor. 12363. Any application submitted pursuant to Section 12362 shall contain all of the following: (a) Full written reports of any investigation conducted for the purpose of determining whether such body armor is acceptable. (b) A full written statement of the design of such body armor. (c) A full written statement of the methods used in, and the facilities and controls used for, the manufacture of such body armor. (d) Such samples of body armor and its components as the department may require. (e) Specimens of the instructions and advertisements used or proposed to be used for such body armor. 12364. The Department of Justice, in cooperation with the Office of Procurement of the Department of General Services, shall establish a schedule for ballistic testing for certification pursuant to subdivision (b) of Section 12361. 12365. The department shall issue an order refusing to certify a body armor as acceptable if, after due notice to the applicant, the department finds any of the following: (a) That the body armor does not satisfy the ballistic performance standards established by the department pursuant to subdivision (b) of Section 12361. (b) That the application contains any misrepresentation of a material fact. (c) That the application is materially incomplete. (d) That the applicant has failed to reimburse the state as required by Section 12362. 12366. The department shall issue an order revoking certification if, after due notice to the applicant, the department finds any of the following: (a) That the experience or additional testing show that the body armor does not comply with the department's ballistic performance standards. (b) That the application contains any misrepresentation of a material fact. (c) The body armor must be retested for certification under new department standards. 12367. The department shall adopt and promulgate regulations for the fair and efficient enforcement of this chapter. 12368. (a) All purchases of certified body armor under the provisions of this chapter shall be made by the Department of General Services on behalf of an authorized state agency or department. Purchases of body armor shall be based upon written requests submitted by an authorized state agency or department to the Department of General Services. (b) The Department of General Services shall make certified body armor available to peace officers of the Department of Justice, as defined by Section 830.3 of the Penal Code, while engaged in law enforcement activities. 12369. The Department of General Services shall, pursuant to departmental regulation, after consultation with the Department of the California Highway Patrol, define the term "enforcement activities" for purposes of this chapter, and develop standards regarding what constitutes sufficient wear on body armor to necessitate replacement thereof. 12370. (a) 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) 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.