 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4739
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by M. of A. SMITH -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to the unlawful wearing of  a
          body vest
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of  section  270.20  of  the  penal  law,  as
     2  amended  by  chapter  317  of  the  laws  of 2001, is amended to read as
     3  follows:
     4    1. A person is guilty of the unlawful wearing  of  a  body  vest  when
     5  acting  either alone or with one or more other persons he or she commits
     6  any [violent felony offense defined in  section  70.02]  misdemeanor  or
     7  felony  defined  in  this  chapter while possessing a [firearm, rifle or
     8  shotgun] deadly weapon defined in section 10.00 of this chapter  and  in
     9  the  course  of  and in furtherance of such crime he or she wears a body
    10  vest.
    11    § 2. Section 70.25 of the penal law is amended by adding a new  subdi-
    12  vision 2-h to read as follows:
    13    2-h. Whenever a person is convicted of unlawful wearing of a body vest
    14  as  defined  in  section 270.20 of this chapter, the sentence imposed by
    15  the court for such offense  shall  run  consecutively  to  any  sentence
    16  imposed  upon  conviction  of a misdemeanor or felony offense defined in
    17  this chapter arising from the same criminal transaction.
    18    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    19  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06865-01-1
Relates to the unlawful wearing of a body vest

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