S 783 in Congressional Session 106

Bill Number : S 783

Title : A bill to limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies.

SUMMARY AS OF:
10/25/2000--Passed Senate amended.    (There is 1 other summary) James Guelff Body Armor Act of 2000 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority.

(Sec. 5)

Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons.Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Defines "employer" to mean any other individual employed by the defendant's business that supervises the defendant's activity (but if that defendant has no supervisor, prior written certification is acceptable from any other employee of the business).Sets penalties for violations of this prohibition.

(Sec. 6)

Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.Specifies that 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 section.