Bill Text: NY A09704 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-05 - referred to transportation [A09704 Detail]

Download: New_York-2015-A09704-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9704
                   IN ASSEMBLY
                                      April 5, 2016
                                       ___________
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  mandatory
          testing  in the event of a motor vehicle collision resulting in injury
          or death
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 2 of
     2  section 1194 of the vehicle and traffic law, as amended by  chapter  196
     3  of  the laws of 1996, are amended and a new subparagraph 2-a is added to
     4  read as follows:
     5    (1) having reasonable grounds to believe  such  person  to  have  been
     6  operating  in  violation  of  any  subdivision of section eleven hundred
     7  ninety-two of this article and within two hours after  such  person  has
     8  been  placed  under  arrest for any such violation; or having reasonable
     9  grounds to believe such person to have been operating  in  violation  of
    10  section eleven hundred ninety-two-a of this article and within two hours
    11  after the stop of such person for any such violation, or
    12    (2) within two hours after a breath test, as provided in paragraph (b)
    13  of  subdivision  one  of  this  section, indicates that alcohol has been
    14  consumed by such person and in accordance with the rules and regulations
    15  established by the police force of which the officer is a member[;], or
    16    (2-a) having reasonable grounds to believe such person  to  have  been
    17  operating a motor vehicle in a manner that causes serious physical inju-
    18  ry  as  defined  in  section 10.00 of the penal law to, or the death of,
    19  another person and within two hours after such operation which  resulted
    20  in such serious physical injury or death, or
    21    §  2. Subdivision 3 of section 1194 of the vehicle and traffic law, as
    22  added by chapter 47 of the laws of 1988, is amended to read as follows:
    23    3. Compulsory chemical tests. (a) [Court] Mandatory and court  ordered
    24  chemical  tests.    Notwithstanding the provisions of subdivision two of
    25  this section, no person who operates a motor vehicle in this  state  may
    26  refuse  to  submit  to  a chemical test of one or more of the following:
    27  breath, blood, urine or saliva, for the purpose of determining the alco-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08282-01-5
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