S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3467
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06654-01-5
              

 A. 3467                             2
 
   6. The commissioner shall promulgate regulations prescribing standards
 and  specifications  for  vests and procedures for vest selection by and
 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.