Relates to the unlawful wearing of a body vest; provides that a person is guilty of the unlawful wearing of a body vest when such person commits a certain misdemeanor or felony and in the course of and in furtherance of such crime such person wears a body vest.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5186
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the penal law, in relation to the unlawful wearing of
body armor
PURPOSE:
This bill amends Penal Law Section 270.20 to find a person guilty of the
unlawful wearing of a body vest while committing any misdemeanor or
felony, regardless of the nature of the crime committed. It further
mandates that the sentence imposed for wearing a body vest would run
consecutively with the sentence imposed for the conviction of the
under-lying crime.
SUMMARY OF PROVISION:
Section 1 amends Penal Law Section 270.20 to find a person guilty of the
unlawful wearing of a body vest while committing any misdemeanor or
felony, regardless of the nature of the crime committed.
Section 2 provides that when a person is convicted of the unlawful wear-
ing of a body vest while committing a crime, the sentence given by the
court shall run consecutively to any sentence imposed for the conviction
of the underlying crime.
Section 3 sets forth the effective date which is on the sixtieth day
after it shall have become a law.
JUSTIFICATION:
Currently, under Section 270.20 of the Penal Law, the prohibition of
wearing a body vest only applies to those committing a violent felony
while possessing a firearm, rifle, or shotgun. This bill would apply the
prohibition of wearing a body vest to the commission of any crime,
whether a misdemeanor or felony.
Currently, this section does not apply to either those wearing body
vests while using knives or other weapons in the commission of a crime
or committing crimes which do not rise to the level of a violent felony.
There should be no distinction.
The use of body vests by criminals emboldens them to commit crimes.
This bill would deter the use of body vests since the penalty would run
consecutively with the sentence for the underlying crime. Further, this
bill would help protect law enforcement officers since it would discour-
age the use of body vests in all crimes - not just violent felonies
committed while using firearms.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A8539 - Referred to Assembly Codes Committee
2021-2022: A353 - Referred to Assembly Codes Committee
2023-2024: A835 - Referred to Assembly Codes Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5186
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the unlawful wearing of
body armor
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 1. A person is guilty of the unlawful wearing of body armor when
5 acting either alone or with one or more other persons [he] such person
6 commits any [violent felony offense defined in section 70.02 while
7 possessing a firearm, rifle or shotgun] misdemeanor or felony defined in
8 this chapter and in the course of and in furtherance of such crime [he
9 or she] such person wears body armor.
10 § 2. Section 70.25 of the penal law is amended by adding a new subdi-
11 vision 2-h to read as follows:
12 2-h. Whenever a person is convicted of unlawful wearing of body armor
13 as defined in section 270.20 of this chapter, the sentence imposed by
14 the court for such offense shall run consecutively to any sentence
15 imposed upon conviction of a misdemeanor or felony offense defined in
16 this chapter arising from the same criminal transaction.
17 § 3. This act shall take effect on the sixtieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01684-01-5
