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Police Commission adopts resolution urging appeal, expands proposed ban on body armor to all felons

San Francisco Police Commission · January 13, 2010
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Summary

The commission voted to adopt a resolution urging the Board of Supervisors to seek an Attorney General appeal of a court ruling that invalidated a Penal Code provision on body armor possession and amended the draft to call for prohibiting all felons from possessing body armor rather than only violent felons.

The San Francisco Police Commission on Jan. 13 adopted a resolution urging the Board of Supervisors to ask the California Attorney General to appeal a court ruling that, in the commission—s reading, invalidated the statutory prohibition on possession of body armor by persons convicted of violent felonies. Commissioners amended the draft resolution to recommend a change in state law that would apply to all felons.

The item before the commission described the matter as a response to a second‑district court of appeal ruling that, as drafted in the packet, appeared to undermine Penal Code section 12370 (possession of body armor by persons convicted of violent felonies). A commissioner proposed removing the modifier "violent" so the resolution would urge state lawmakers to prohibit all felons from possessing body armor. That amendment was seconded and then adopted by the commission "without objection," according to the meeting record.

A speaker reported that the state Attorney General had notified local officials that he would take on the appeal. Commissioners and the city attorney—s office said the commission should continue the legislative track as well, supporting separate statutory language that could clarify and broaden the prohibition.

The amended resolution directs the Board of Supervisors to urge the Attorney General to appeal the court decision and urges state lawmakers to consider legislation that would bar body‑armor possession by persons convicted of felonies. The commission recorded no public comments on this agenda item.

The action was procedural: it expresses the commission—s position and calls for appellate review and legislative action rather than imposing local criminal penalties. The commission did not adopt or amend local ordinances at the meeting.