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