S 6238: Allows police officers to request, and police departments to be reimbursed for, ballistic armor vests classified as level III or higher; prohibits the commissioner from denying an application for reimbursement because a vest classified as level III or higher was requested by a police officer.

  
  STATE OF NEW YORK ________________________________________________________________________ 6238 2025-2026 Regular Sessions  IN SENATE March 7, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. The section heading and subdivisions 3, 6 and 6-a of 2 section 837-d of the executive law, the section heading as added by 3 chapter 84 of the laws of 1984, subdivision 3 as amended by chapter 503 4 of the laws of 1991, and subdivision 6 as amended and subdivision 6-a as 5 added by chapter 555 of the laws of 1988, are amended and a new subdivi- 6 sion 6-b is added to read as follows: 7 Soft and hard body ballistic armor vests for police officers. 8 3. Reimbursement shall be made only for vests which at the time of 9 purchase meet or exceed the minimum standards and specifications in 10 effect on that date as prescribed by rules and regulations promulgated 11 pursuant to subdivisions six [and], six-a, and six-b of this section, 12 and shall be limited to the total amount appropriated for such purpose. 13 Reimbursement for any vest shall not exceed an amount which in the judg- 14 ment of the commissioner would be the cost of a vest conforming to mini- 15 mum standards and specifications in effect at the time the vest was 16 purchased. Selection of vests shall be a determination to be made by the 17 applicant in accordance with rules and regulations promulgated by the 18 commissioner. Such rules and regulations shall provide that, subject to 19 the provisions of subdivisions six [and], six-a, and six-b of this 20 section, the applicant may select from a range of vests including those 21 [commonly known or] classified as [type] level I, [type] level II-A, 22 [type] level II [or type], level III-A [in such standard classification 23 systems as the national institute of justice standards for ballistic 24 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 
 S. 6238 2 1 6. The commissioner shall promulgate regulations prescribing standards 2 and specifications for vests and procedures for vest selection by and 3 reimbursement to applicants. In promulgating such regulations, the 4 commissioner shall give due consideration to: 5 (a) the maximum total weight of a vest which provides adequate 6 protection against ballistic penetration and trauma, and which may be 7 worn in comfort throughout an eight hour tour of duty; 8 (b) the ballistic specifications which the vest or any part thereof 9 must be capable of defeating which shall include, but not be limited to, 10 the ballistic specifications of any firearms considered to be standard 11 issue to eligible police officers; 12 (c) the provisions of subdivision six-b of this section allowing 13 police officers to choose a vest classified as level III or higher; 14 (d) the testing procedures appropriate to determining the effective- 15 ness of such vests; 16 [(d)] (e) the labeling requirements for the vests and component parts 17 thereof; and 18 [(e)] (f) the commercial availability of conforming vests. 19 6-a. In the evaluation of an application for reimbursement, the 20 commissioner shall, at the request of the applicant, give consideration 21 to the ballistic specifications of any firearm or firearms considered by 22 the applicant to be standard issue to its police officers, and to any 23 requests by such police officers for a vest classified as level III or 24 higher. The commissioner shall not deny any application for reimburse- 25 ment because a vest classified as level III or higher was requested by 26 any police officer. 27 6-b. Police departments shall give each police officer the option to 28 choose a vest classified as level III or higher when purchasing vests 29 for eligible police officers. 30 § 2. Paragraphs (b) and (g) of subdivision 1 of section 837-d of the 31 executive law, as added by chapter 84 of the laws of 1984, are amended 32 and a new paragraph (h) is added to read as follows: 33 (b) "Vest" means a soft or hard body ballistic armor vest; 34 (g) "Applicant" means a state agency, municipal corporation, public 35 authority, public benefit corporation, or the highest official there- 36 of[.]; and 37 (h) "Level" means the classification of a vest as such level or type 38 by such standard classification system as the national institute of 39 justice standards for ballistic resistance of police body armor. 40 § 3. This act shall take effect immediately.