S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10378
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the executive law, in relation to allowing police offi-
   cers to request, and reimbursing  police  departments  for,  ballistic
   armor vests classified as level III or higher
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading  and  subdivisions  3,  6  and  6-a  of
 section  837-d  of  the  executive  law, the section heading as added by
 chapter 84 of the laws of 1984, subdivision 3 as amended by chapter  503
 of the laws of 1991, and subdivision 6 as amended and subdivision 6-a as
 added by chapter 555 of the laws of 1988, are amended and a new subdivi-
 sion 6-b is added to read as follows:
   Soft AND HARD body ballistic armor vests for police officers.
   3.  Reimbursement  shall  be  made only for vests which at the time of
 purchase meet or exceed the  minimum  standards  and  specifications  in
 effect  on  that date as prescribed by rules and regulations promulgated
 pursuant to subdivisions six [and], six-a, AND SIX-B  of  this  section,
 and  shall be limited to the total amount appropriated for such purpose.
 Reimbursement for any vest shall not exceed an amount which in the judg-
 ment of the commissioner would be the cost of a vest conforming to mini-
 mum standards and specifications in effect at  the  time  the  vest  was
 purchased. Selection of vests shall be a determination to be made by the
 applicant  in  accordance  with rules and regulations promulgated by the
 commissioner. Such rules and regulations shall provide that, subject  to
 the  provisions  of  subdivisions  six  [and],  six-a, AND SIX-B of this
 section, the applicant may select from a range of vests including  those
 [commonly  known  or]  classified  as [type] LEVEL I, [type] LEVEL II-A,
 [type] LEVEL II [or type], LEVEL III-A [in such standard  classification
 systems  as  the  national  institute of justice standards for ballistic
 resistance of police body armor], OR LEVEL III OR HIGHER.
   6. The commissioner shall promulgate regulations prescribing standards
 and specifications for vests and procedures for vest  selection  by  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15391-01-4
              

 A. 10378                            2
 
 reimbursement  to  applicants.  In  promulgating  such  regulations, the
 commissioner shall give due consideration to:
   (a)  the  maximum  total  weight  of  a  vest  which provides adequate
 protection against ballistic penetration and trauma, and  which  may  be
 worn in comfort throughout an eight hour tour of duty;
   (b)  the  ballistic  specifications which the vest or any part thereof
 must be capable of defeating which shall include, but not be limited to,
 the ballistic specifications of any firearms considered to  be  standard
 issue to eligible police officers;
   (c)  THE  PROVISIONS  OF  SUBDIVISION  SIX-B  OF THIS SECTION ALLOWING
 POLICE OFFICERS TO CHOOSE A VEST CLASSIFIED AS LEVEL III OR HIGHER;
   (D) the testing procedures appropriate to determining  the  effective-
 ness of such vests;
   [(d)]  (E) the labeling requirements for the vests and component parts
 thereof; and
   [(e)] (F) the commercial availability of conforming vests.
   6-a. In the  evaluation  of  an  application  for  reimbursement,  the
 commissioner  shall, at the request of the applicant, give consideration
 to the ballistic specifications of any firearm or firearms considered by
 the applicant to be standard issue to its police officers,  AND  TO  ANY
 REQUESTS  BY  SUCH POLICE OFFICERS FOR A VEST CLASSIFIED AS LEVEL III OR
 HIGHER.  THE COMMISSIONER SHALL NOT DENY ANY APPLICATION FOR  REIMBURSE-
 MENT  BECAUSE  A VEST CLASSIFIED AS LEVEL III OR HIGHER WAS REQUESTED BY
 ANY POLICE OFFICER.
   6-B. POLICE DEPARTMENTS SHALL GIVE EACH POLICE OFFICER THE  OPTION  TO
 CHOOSE  A  VEST  CLASSIFIED AS LEVEL III OR HIGHER WHEN PURCHASING VESTS
 FOR ELIGIBLE POLICE OFFICERS.
   § 2. Paragraphs (b) and (g) of subdivision 1 of section 837-d  of  the
 executive  law,  as added by chapter 84 of the laws of 1984, are amended
 and a new paragraph (h) is added to read as follows:
   (b) "Vest" means a soft OR HARD body ballistic armor vest;
   (g) "Applicant" means a state agency,  municipal  corporation,  public
 authority,  public  benefit  corporation, or the highest official there-
 of[.]; AND
   (H) "LEVEL" MEANS THE CLASSIFICATION OF A VEST AS SUCH LEVEL  OR  TYPE
 BY  SUCH  STANDARD  CLASSIFICATION  SYSTEM  AS THE NATIONAL INSTITUTE OF
 JUSTICE STANDARDS FOR BALLISTIC RESISTANCE OF POLICE BODY ARMOR.
   § 3. This act shall take effect immediately.