Requires the employers of police officers to provide such officers with a bullet proof and knife proof vest that provides front, back and side protection; repealer

Section 6 repeals subsection 13 of section 837-a of the executive law.

Section 7 makes the act take effect immediately.

Justification

This legislation would provide all police officers who perform law enforcement duties with a bullet and knife proof vest that is in compliance with the standards set forth by the National Institute for Justice ("NIJ").

NIJ is the research, development, and evaluation agency of the U.S. Department of Justice and is dedicated to researching crime control and justice issues. NIJ provides objective, independent, evidence-based knowledge and tools to meet the challenges of crime and justice, particularly at the State and local levels. NIJ's principal authorities are derived from the Omnibus Crime Control and Safe Streets Act of 1968, as amended (see 42 USC § 3721-3723) and Title II of the Homeland Security Act of 2002. Beginning in the 1970's, NIJ has been developing and testing body armor for use by law enforcement agencies. Today, most law enforcement agencies adopt the NIJ standard to select and procure body armor.

NIJ provides seven armor classifications with varying levels of protection. Level IIIA provides bullet protection against most handguns, up to and including 9 millimeters and 357 magnums. Levels III and IV, which cost almost twice as much as Level IIIA vests, provide protection against high powered rifles and body armor piercing bullets. This legislation requires that police officers be provided with at least level IIIA vests, which would protect against the vast majority of weapons police encounter in the performance of their duties. Moreover, Level IIIA provides minimum blunt trauma injury in order to allow more effective return fire.

On March 1, 2006, New York State Trooper Andrew Sperr was shot and killed in a shoot-out with two bank robbers in western New York. Trooper Sperr was wearing a protective vest, but he was shot under the arm and in the torso. Although this incident demonstrates that vests are not fool proof, it reminds us of the dangers facing our police force. This incident also demonstrates the need to provide side protection and vests of the highest quality. Moreover, there is ample evidence that more often than not protective bullet and knife proof vests do save lives. For example, on March 13, 2006, New York City Police Officers John Antonacci and Hector Ramirez were shot while responding to a 911 call in Brooklyn. The Police Officers' lives were saved due to the protective vests that they were wearing. At a press conference, New York City Police Commissioner Raymond Kelly and Mayor Michael Bloomberg both stated that the men were lucky to be alive.

This legislation ensures that lifesaving equipment is not sacrificed in the face of fiscal constraints.

Prior legislative history

2007-08: S.4872/A.3862 2006: S.7734/A.10660

Fiscal implications

Not applicable.

Effective date

Immediately.