Current through the 2024 Legislative Session.
Section 12022.2 - Possession of ammunition designed primarily to penetrate metal or armor; wearing of total body vest(a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.(c) As used in this section, "body vest" means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.(d) This section shall become operative on January 1, 2022.Amended by Stats 2016 ch 887 (SB 1016),s 14, eff. 1/1/2017.Amended by Stats 2013 ch 508 (SB 463),s 14, eff. 1/1/2014.Amended by Stats 2011 ch 361 (SB 576),s 14, eff. 9/29/2011.Added by Stats 2010 ch 711 (SB 1080),s 6.02, eff. 1/1/2011, op. 1/1/2012.