S T A T E O F N E W Y O R K
________________________________________________________________________
7693
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing replace-
ment periods of soft bodied ballistic armor vests for police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4-a of section 837-d of the executive
law, subdivision 3 as amended by chapter 503 of the laws of 1991 and
subdivision 4-a as added by chapter 555 of the laws of 1988, are amended
to read as follows:
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 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 judgment of the
commissioner would be the cost of a vest conforming to minimum 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 commission-
er. Such rules and regulations shall provide that, subject to the
provisions of subdivisions six and six-a of this section, the applicant
may select from a range of vests including those commonly known or clas-
sified as type I, type II-A, type II or type III-A in such standard
classification systems as the national institute of justice standards
for ballistic resistance of police body armor. IN NO EVENT, HOWEVER,
SHALL A VEST BE KEPT FOR ACTIVE USE MORE THAN FIVE YEARS AFTER BEING
ISSUED TO A POLICE OFFICER UNLESS OTHERWISE DIRECTED BY COMPETENT
AUTHORITY.
4-a. An applicant for reimbursement pursuant to this section shall
report the name of each eligible police officer for whom reimbursement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10421-01-9
A. 7693 2
is sought. The applicant shall report whether such eligible police offi-
cer or officers have, at any time during the [ten] FIVE years immediate-
ly preceding the application for reimbursement, been provided with any
other vest for which reimbursement pursuant to this section was
provided, the date of any such prior reimbursement and any other infor-
mation that the commissioner may require for accurate record-keeping and
accountability and for evaluation of performance, wear and officer use
of vests.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.