Title 9 Part 6030

It is the purpose and intent of this Part to provide eligible police officers with custom-fitted ballistic soft-body armor vests capable of sustaining multiple hits from various types of commonly encountered handgun ammunition fired from various types of commonly encountered handguns, including but not limited to any firearm or firearms considered by an applicant to be standard issue for its police officers, with the ability to disperse deliverable shock in such a manner as to protect the wearer from extreme shock injury. It is the further intent of this Part to adopt specifications for such vests that permit the selection of vests that are comfortable to wear throughout an entire eight-hour shift, thereby encouraging police officers to wear them at all times while on duty.

When used herein, the terms eligible police officer, vest, municipal corporation, public benefit corporation, State agency and applicant shall have the meanings set forth in Executive Law, section 837-d.

The commissioner may approve reimbursement for the cost of purchasing vests for use by eligible police officers, provided such vests have been tested and classified as type I, II-A, II or III-A under the United States Department of Justice, National Institute of Justice Standard for the Ballistic Resistance of Police Body Armor, NIJ Standard 0101.03 (April 1987), and conform to the specifications for vests set forth in section 6030.6 of this Part; provided, however, that approval for eligible police officers within the City of New York may be granted for vest models which are substantiated and certified as complying with such ballistic and trauma requirements as the commissioner of police of the City of New York may adopt, subject to review and approval by the commissioner.

Vests shall be comfortable to wear throughout an entire eight-hour shift, and shall meet the following minimum standards:

Vests shall be custom-fitted for the purpose of wear by the eligible officer.

Any municipal corporation or public authority may establish its arm alternative standards and specifications for vests, provided that the following conditions are complied with:

NIJ Standard 0101.3, adopted by section 6030.3 of this Part, has been published in the form of a pamphlet by the U.S. Department of Justice, National Institute of Justice. It is entitled Ballistic Resistance of Police Body Armor, NIJ Standard 0101.3 (April 1987). In accordance with State Administrative Procedure Act, section 102(1)(c) and regulations adopted by the Secretary of State, copies of NIJ Standard 0101.3 have been filed with the Secretary of State, the New York State Legislative Library and at the 12 Supreme Court Libraries designated repositories for such documents by the Chief Administrative Judge of the Unified Court System. Copies of the standard are available to the public and to regulated parties by contacting the Office of Funded Program Assistance, Division of Criminal Justice Services, Executive Park Tower, Stuyvesant Plaza, Albany, NY 12203.

If any provision of this Part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Part are declared to be severable.