 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5476
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        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  371  of  the  laws  of 2022, is amended to read as
     3  follows:
     4  § 270.20 Unlawful wearing of body armor.
     5    1. A person is guilty of the  unlawful  wearing  of  body  armor  when
     6  acting  either alone or with one or more other persons he or she commits
     7  any [violent felony offense defined in  section  70.02]  misdemeanor  or
     8  felony  defined  in  this  chapter while possessing a [firearm, rifle or
     9  shotgun] deadly weapon defined in section 10.00 of this chapter  and  in
    10  the  course  of  and  in  furtherance of such crime he or she wears body
    11  armor.
    12    2. For the purposes of this section "body  armor"  means  any  product
    13  that  is a personal protective body covering intended to protect against
    14  gunfire, regardless of whether such product is to be worn  alone  or  is
    15  sold as a complement to another product or garment.
    16    The unlawful wearing of body armor is a class E felony.
    17    §  2. Section 70.25 of the penal law is amended by adding a new subdi-
    18  vision 2-h to read as follows:
    19    2-h. Whenever a person is convicted of unlawful wearing of a body vest
    20  as defined in section 270.20 of this chapter, the  sentence  imposed  by
    21  the  court  for  such  offense  shall  run consecutively to any sentence
    22  imposed upon conviction of a misdemeanor or felony  offense  defined  in
    23  this chapter arising from the same criminal transaction.
    24    §  3.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01033-01-3
Relates to the unlawful wearing of a body vest

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