STATE OF NEW YORK
        ________________________________________________________________________
                                          4243
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M. of A. GRAF, MONTESANO, GIGLIO, LAWRENCE, PALUMBO, RA,
          McDONOUGH, RICHARDSON, McKEVITT, HAWLEY, CROUCH, SIMANOWITZ, BRABENEC,
          LALOR, DiPIETRO -- Multi-Sponsored by -- M. of A.  LOPEZ,  McLAUGHLIN,
          MURRAY, PALMESANO -- 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.
                                                                   LBD05705-01-7