PRIA, Government Policy, Made Personal

Summary

Requires the U.S. Sentencing Commission to raise federal prison penalties when a defendant used body armor during a crime of violence or a drug trafficking crime. Congress says that increase should be at least 2 levels. The law also lets heads of Federal agencies give surplus, serviceable body armor that meets National Institute of Justice Standard 0101.03 (as of November 2, 2002) directly to State or local law enforcement. After donating, the agency must tell the Administrator of General Services how much armor was given and which agencies got it. Certain officials in the Department of Justice and the Department of the Treasury may act as the donating official. The United States is not liable for any harm from the use or misuse of donated body armor. Body armor is any personal protective covering sold across state or national borders to stop gunfire. A law enforcement agency is a federal, State, or local agency that enforces criminal law. A law enforcement officer is any federal, State, or local person authorized to enforce criminal law. Congress found that criminals’ use of body armor and assault gear makes police and citizens more dangerous, that interstate movement of armor worsens local crime, and that past incidents (including the deaths of Officer James Guelff and Captain Chris McCurley) show the threat. Since 1980 about 1,500 officers were killed, more than 30 percent could have been saved by body armor, the risk of dying from gunfire is 14 times higher without a vest, and the Department of Justice estimated 25 percent of State and local police are not issued body armor.

Title 34, §10534

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(a)Short title

This section may be cited as the “James Guelff and Chris McCurley Body Armor Act of 2002”.

(b)Findings

Congress finds that—

(1)nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear;

(2)crime at the local level is exacerbated by the interstate movement of body armor and other assault gear;

(3)there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power;

(4)recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime;

(5)of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest;

(6)the Department of Justice has estimated that 25 percent of State and local police are not issued body armor;

(7)the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and

(8)Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities.

(c)Definitions

In this section: (1) Body armor (2) Law enforcement agency

(3)Law enforcement officer

The term “law enforcement officer” means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

(d)Amendment of sentencing guidelines with respect to body armor (e) Omitted

(1)In general

Pursuant to its authority under section 994(p) of title 28, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in section 16 of title 18) or drug trafficking crime (as defined in section 924(c) of title 18) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor.

(2)Sense of Congress

It is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels.

(f)Donation of Federal surplus body armor

(1)Definitions

In this subsection, the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40.

(2)Donation of body armor (3) Notice to Administrator (4) Donation by certain officers

Notwithstanding section 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor— (A)

(B)is surplus property; and

(C)meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002).

(5)No liability

Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 11009 of Pub. L. 107–273. Subsec. (e) of section 11009 of Pub. L. 107–273 enacted section 931 of Title 18, Crimes and Criminal Procedure, and amended section 921 and 924 of Title 18. Section was enacted as part of the 21st Century Department of Justice Appropriations Authorization Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. In subsec. (f), “section 102 of title 40” substituted for “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)” in par. (1), and “section 541–555 of title 40” substituted for “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” in par. (2), on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Section was formerly classified to section 3796ll–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Change of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (f)(4)(B)(ii) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see section 531(c) of Title 6, Domestic Security, and section 599A(c)(1) of Title 28, Judiciary and Judicial Procedure. For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified, set out as a note under section 542 of Title 6. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

§10534 James Guelff and Chris Mccurley Body Armor Act of 2002

Summary

Title 34, §10534

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Change of Name

Transfer of Functions

Transfer of Functions

Transfer of Functions

Transfer of Functions

Citations & Metadata