2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 837-D - Soft Body Ballistic Armor Vests for Police Officers.

§ 837-d. Soft  body  ballistic  armor vests for police officers. 1. As
used in this section, the following terms have the following meanings:
(a) "Eligible police officer" means a police  officer  as  defined  in
subdivision  thirty-four  of  section 1.20 of the criminal procedure law
whose regular duties are such as the commissioner determines may  expose
the  officer  to  serious  physical  injury which may result in death or
disability;
(b) "Vest" means a soft body ballistic armor vest;
(c) "Municipal corporation" means a county,  city,  town,  village  or
police district;
(d)   "Public   authority"  means  an  independent  autonomous  public
corporation created by special act of the legislature;
(e) "Public benefit corporation"  means  a  corporation  organized  to
construct or operate a public improvement wholly within the state;
(f)  "State  agency"  means  a  department, board, bureau, commission,
agency or other division of state government;
(g) "Applicant" means a state agency,  municipal  corporation,  public
authority, public benefit corporation, or the highest official thereof.
2. An applicant which is authorized to and employs police officers may
apply  to  the  commissioner for reimbursement of funds expended for the
purchase of vests for eligible 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 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
commissioner. 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 classified 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.
4.  The commissioner shall require any applicant seeking reimbursement
for vests to apply  for  any  available  federal  funds.  Any  applicant
failing  to  do  so  shall  not  be entitled to reimbursement under this
section. The commissioner may waive such failure  for  good  cause.  The
commissioner  shall maintain a public record of all such waivers and the
reasons  therefor.   Reimbursement   may   be   withheld   pending   the
determination of an application for federal funds.
4-a.  An  applicant  for  reimbursement pursuant to this section shall
report the name of each eligible police officer for  whom  reimbursement
is  sought.  The  applicant  shall  report  whether such eligible police
officer or officers have, at any time during the ten  years  immediately
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
information   that   the   commissioner   may   require   for   accurate
record-keeping  and  accountability  and  for evaluation of performance,
wear and officer use of vests.
5. The amount of any reimbursement authorized to be made  pursuant  to
subdivision  three of this section shall be reduced by the amount of any
federal funds granted to the applicant for  the  purpose  of  purchasing

vests,  and  by  the  amount  of  any  other  funds received directly or
indirectly for that purpose by the applicant.
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   testing   procedures   appropriate   to   determining  the
effectiveness of such vests;
(d) the labeling  requirements  for  the  vests  and  component  parts
thereof; and
(e) 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.
7.  The  contract  specifications  for bid for the sale of vests shall
require that  a  certificate  of  insurance  evidencing  that  liability
insurance providing a minimum coverage of at least five hundred thousand
dollars  per  occurrence  for  injury or death suffered as a result of a
defect in the  manufacture  shall  be  and  remain  in  effect  for  the
projected life of any vest purchased.
8.  Neither  the state nor the applicant or any employee thereof shall
be  liable  to  a  police  officer  or   officer's   heirs,   executors,
administrators  or  assigns,  for  the death of or injury to the officer
resulting  from  any  defect  or  deficiency  in  a   vest   for   which
reimbursement is made pursuant to this section.
9.  A police officer who suffers an injury or death as a result of the
officer's failure to  wear  a  vest  for  which  reimbursement  is  made
pursuant to this section, and officer's heirs, executors, administrators
or  assigns  shall not suffer any loss or be denied any benefit or right
to which they are otherwise entitled; provided,  however,  that  nothing
contained  herein  shall  prevent  the  officer  from being subject to a
disciplinary proceeding for failure to obey a lawful order of a superior
officer requiring the officer to wear a vest.
10. Nothing contained in this section shall be construed  to  prohibit
an applicant from expending its own funds for vests in amounts exceeding
the established state reimbursement limitations.
11. The commissioner is authorized to promulgate rules and regulations
to  provide  for  the  orderly  effectuation  of  the provisions of this
section.
12. The commissioner shall establish and maintain a record  containing
the  name  of each eligible police officer who receives a vest for which
reimbursement has been provided pursuant to this section, the  applicant
to  whom reimbursement for such vest is provided, the date on which such
reimbursement  was  provided  and  any  other   information   that   the
commissioner  may require for accurate record-keeping and accountability
and for evaluation of performance, wear and officer use of vests.
13.  Nothing  in  this  section  shall  be  deemed  to  supersede  the
provisions  of section three of chapter eight hundred seventy-six of the
laws of nineteen hundred eighty applicable to members of the division of
state police or to alter a  valid  labor-management  agreement  covering

employees  of  the  state  serving  in  police  officer positions in the
security services  negotiating  unit  established  pursuant  to  article
fourteen  of  the  civil service law which is in effect on the effective
date of this section.