Bill Text: NY S00321 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to saliva swabs and chemical tests in certain cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00321 Detail]

Download: New_York-2019-S00321-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           321
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to saliva swabs
          and chemical tests in certain cases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and
     2  traffic law, as added by chapter 47 of the laws of 1988,  paragraph  (a)
     3  of  subdivision  2  as amended by chapter 196 of the laws of 1996, para-
     4  graphs (b) and (c) of subdivision 2 as amended by  chapter  489  of  the
     5  laws  of 2017, clause (A) of subparagraph 1 and subparagraphs 2 and 3 of
     6  paragraph (b) and subparagraphs 1, 2, and 3 of paragraph (c) of subdivi-
     7  sion 2 as amended by chapter 27 of the laws of 2018, subparagraphs 1 and
     8  2 of paragraph (d) of subdivision 2 as amended by  chapter  732  of  the
     9  laws  of  2006 and item (iii) of clause c of subparagraph 1 of paragraph
    10  (d) of subdivision 2 as amended by section 37 of part LL of  chapter  56
    11  of the laws of 2010, are amended to read as follows:
    12    1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
    13  provisions of section 140.10 of the criminal  procedure  law,  a  police
    14  officer  may, without a warrant, arrest a person, in case of a violation
    15  of subdivision one of section eleven hundred ninety-two of this article,
    16  if such violation is coupled with an accident or collision in which such
    17  person is involved, which in fact has been committed, though not in  the
    18  police  officer's  presence,  when  the  officer has reasonable cause to
    19  believe that the violation was committed by such person.
    20    (b) Field testing. Every person operating a motor  vehicle  which  has
    21  been involved in an accident or which is operated in violation of any of
    22  the  provisions  of this chapter shall, at the request of a police offi-
    23  cer, submit to a breath test and/or saliva swab to  be  administered  by
    24  the police officer. If either such test indicates that such operator has
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01398-01-9

        S. 321                              2
     1  consumed  alcohol or is under the influence of a drug or drugs, or both,
     2  the police officer may request such operator to  submit  to  a  chemical
     3  test in the manner set forth in subdivision two of this section.
     4    2.  Chemical  tests.  (a)  When  authorized. Any person who operates a
     5  motor vehicle in this state shall be deemed to have given consent  to  a
     6  chemical  test of one or more of the following: breath, blood, urine, or
     7  saliva, for the purpose of determining the alcoholic and/or drug content
     8  of the blood provided that such test is administered by or at the direc-
     9  tion of a police officer with respect to  a  chemical  test  of  breath,
    10  urine  or  saliva  or,  with respect to a chemical test of blood, at the
    11  direction of a police officer:
    12    (1) having reasonable grounds to believe  such  person  to  have  been
    13  operating  in  violation  of  any  subdivision of section eleven hundred
    14  ninety-two of this article and within two hours after  such  person  has
    15  been  placed  under  arrest for any such violation; or having reasonable
    16  grounds to believe such person to have been operating  in  violation  of
    17  section eleven hundred ninety-two-a of this article and within two hours
    18  after the stop of such person for any such violation,
    19    (2)  within  two hours after a breath test or saliva swab, as provided
    20  in paragraph (b) of subdivision one of this  section,  indicates  [that]
    21  the  consumption  of alcohol [has been consumed] or drugs by such person
    22  and in accordance with the rules  and  regulations  established  by  the
    23  police force of which the officer is a member;
    24    (3)  for  the  purposes  of  this  paragraph,  "reasonable grounds" to
    25  believe that a person has been operating a motor  vehicle  after  having
    26  consumed  alcohol in violation of section eleven hundred ninety-two-a of
    27  this article shall be determined by  viewing  the  totality  of  circum-
    28  stances  surrounding  the  incident which, when taken together, indicate
    29  that the operator was driving in violation  of  such  subdivision.  Such
    30  circumstances  may include any visible or behavioral indication of alco-
    31  hol consumption by the operator, the  existence  of  an  open  container
    32  containing  or  having  contained an alcoholic beverage in or around the
    33  vehicle driven by the operator, or any other  evidence  surrounding  the
    34  circumstances of the incident which indicates that the operator has been
    35  operating  a  motor vehicle after having consumed alcohol at the time of
    36  the incident; or
    37    (4) notwithstanding any other provision of law  to  the  contrary,  no
    38  person  under  the  age  of  twenty-one shall be arrested for an alleged
    39  violation of  section  eleven  hundred  ninety-two-a  of  this  article.
    40  However,  a  person under the age of twenty-one for whom a chemical test
    41  is authorized pursuant to this paragraph may be temporarily detained  by
    42  the  police  solely  for the purpose of requesting or administering such
    43  chemical test whenever arrest without a  warrant  for  a  petty  offense
    44  would  be authorized in accordance with the provisions of section 140.10
    45  of the criminal procedure law or paragraph (a)  of  subdivision  one  of
    46  this section.
    47    (b)  Report  of refusal to submit to a chemical test. (1) If: (A) such
    48  person having been placed under arrest; or (B) after a breath test indi-
    49  cates the presence of alcohol in the person's system; or (C) with regard
    50  to a person under the age of twenty-one, there are reasonable grounds to
    51  believe that such person has been operating a motor vehicle after having
    52  consumed alcohol in violation of section eleven hundred ninety-two-a  of
    53  this  article;  and  having  thereafter been requested to submit to such
    54  chemical test and having been informed  that  the  person's  license  or
    55  permit  to drive and any non-resident operating privilege shall be imme-
    56  diately suspended and subsequently revoked, or, for operators under  the

        S. 321                              3
     1  age  of twenty-one for whom there are reasonable grounds to believe that
     2  such operator has been operating a motor vehicle after  having  consumed
     3  alcohol  in  violation  of  section  eleven hundred ninety-two-a of this
     4  article, shall be revoked for refusal to submit to such chemical test or
     5  any  portion  thereof,  whether or not the person is found guilty of the
     6  charge for which such person is arrested or detained, refuses to  submit
     7  to  such  chemical test or any portion thereof, unless a court order has
     8  been granted pursuant to subdivision three of  this  section,  the  test
     9  shall  not  be given and a written report of such refusal shall be imme-
    10  diately made by the police officer before whom such  refusal  was  made.
    11  Such  report may be verified by having the report sworn to, or by affix-
    12  ing to such report a form notice that false statements made therein  are
    13  punishable  as  a  class A misdemeanor pursuant to section 210.45 of the
    14  penal law and such form notice together with  the  subscription  of  the
    15  deponent shall constitute a verification of the report.
    16    (2)  The  report  of  the  police  officer  shall set forth reasonable
    17  grounds to believe such arrested person or such  detained  person  under
    18  the  age  of twenty-one had been driving in violation of any subdivision
    19  of section eleven hundred ninety-two or eleven hundred  ninety-two-a  of
    20  this  article,  that  said person had refused to submit to such chemical
    21  test, and that  no  chemical  test  was  administered  pursuant  to  the
    22  requirements  of  subdivision three of this section. The report shall be
    23  presented to the court upon arraignment of an arrested person, provided,
    24  however, in the case of a person under the age of twenty-one, for whom a
    25  test was authorized pursuant to the provisions of  subparagraph  two  or
    26  three  of paragraph (a) of this subdivision, and who has not been placed
    27  under arrest for a violation of any of the provisions of section  eleven
    28  hundred  ninety-two  of  this article, such report shall be forwarded to
    29  the commissioner within forty-eight hours in a manner to  be  prescribed
    30  by  the  commissioner,  and  all  subsequent  proceedings with regard to
    31  refusal to submit to such chemical test by such person shall be  as  set
    32  forth  in  subdivision  three of section eleven hundred ninety-four-a of
    33  this article.
    34    (3) For persons placed under arrest for a violation of any subdivision
    35  of section eleven hundred ninety-two of this  article,  the  license  or
    36  permit to drive and any non-resident operating privilege shall, upon the
    37  basis  of  such  written  report,  be temporarily suspended by the court
    38  without notice pending the determination of a  hearing  as  provided  in
    39  paragraph  (c) of this subdivision. Copies of such report must be trans-
    40  mitted by the court to the commissioner and such transmittal may not  be
    41  waived  even  with  the consent of all the parties. Such report shall be
    42  forwarded to the commissioner within forty-eight hours of such  arraign-
    43  ment.
    44    (4) The court or the police officer, in the case of a person under the
    45  age  of  twenty-one alleged to be driving after having consumed alcohol,
    46  shall provide such person with a scheduled hearing date, a waiver  form,
    47  and  such other information as may be required by the commissioner. If a
    48  hearing, as provided for in paragraph (c) of this subdivision, or subdi-
    49  vision three of section eleven hundred ninety-four-a of this article, is
    50  waived by such person, the commissioner  shall  immediately  revoke  the
    51  license,  permit, or non-resident operating privilege, as of the date of
    52  receipt of such waiver in accordance with the  provisions  of  paragraph
    53  (d) of this subdivision.
    54    (c)  Hearings. Any person whose license or permit to drive or any non-
    55  resident driving privilege has been suspended pursuant to paragraph  (b)
    56  of  this subdivision is entitled to a hearing in accordance with a hear-

        S. 321                              4
     1  ing schedule to be promulgated by the commissioner.  If  the  department
     2  fails  to  provide  for  such hearing fifteen days after the date of the
     3  arraignment of the arrested person, the  license,  permit  to  drive  or
     4  non-resident  operating  privilege  of  such  person shall be reinstated
     5  pending a hearing pursuant to this section. The hearing shall be limited
     6  to the following issues: (1) did  the  police  officer  have  reasonable
     7  grounds to believe that such person had been driving in violation of any
     8  subdivision  of  section  eleven hundred ninety-two of this article; (2)
     9  did the police officer make a lawful arrest of such person; (3) was such
    10  person given sufficient warning, in clear or unequivocal language, prior
    11  to such refusal that such refusal to submit to such chemical test or any
    12  portion thereof, would result in the immediate suspension and subsequent
    13  revocation of such person's license or operating  privilege  whether  or
    14  not  such  person is found guilty of the charge for which the arrest was
    15  made; and (4) did such person refuse to submit to such chemical test  or
    16  any portion thereof. If, after such hearing, the hearing officer, acting
    17  on  behalf  of  the commissioner, finds on any one of said issues in the
    18  negative, the hearing officer shall immediately terminate any suspension
    19  arising from such refusal. If, after such hearing, the hearing  officer,
    20  acting  on  behalf  of  the  commissioner finds all of the issues in the
    21  affirmative, such officer shall immediately revoke the license or permit
    22  to drive or any non-resident operating privilege in accordance with  the
    23  provisions  of paragraph (d) of this subdivision. A person who has had a
    24  license or permit to drive or non-resident operating privilege suspended
    25  or revoked pursuant to this subdivision may appeal the findings  of  the
    26  hearing  officer in accordance with the provisions of article three-A of
    27  this chapter. Any person may waive the right to  a  hearing  under  this
    28  section.  Failure  by  such  person  to appear for the scheduled hearing
    29  shall constitute a waiver of such hearing, provided, however, that  such
    30  person  may  petition  the commissioner for a new hearing which shall be
    31  held as soon as practicable.
    32    (d) Sanctions. (1) Revocations. a. Any license which has been  revoked
    33  pursuant  to paragraph (c) of this subdivision shall not be restored for
    34  at least one year after such revocation, nor thereafter, except  in  the
    35  discretion  of  the  commissioner.  However,  no  such  license shall be
    36  restored for at least eighteen months after such revocation, nor  there-
    37  after  except  in  the discretion of the commissioner, in any case where
    38  the person has had a prior revocation resulting from refusal  to  submit
    39  to a chemical test, or has been convicted of or found to be in violation
    40  of any subdivision of section eleven hundred ninety-two or section elev-
    41  en  hundred  ninety-two-a  of  this  article not arising out of the same
    42  incident, within the five years immediately preceding the date  of  such
    43  revocation;  provided,  however, a prior finding that a person under the
    44  age of twenty-one has refused to submit to a chemical test  pursuant  to
    45  subdivision  three of section eleven hundred ninety-four-a of this arti-
    46  cle shall have the same effect as a prior finding of a refusal  pursuant
    47  to  this subdivision solely for the purpose of determining the length of
    48  any license suspension or revocation required to be  imposed  under  any
    49  provision  of  this  article,  provided  that  the subsequent offense or
    50  refusal is  committed  or  occurred  prior  to  the  expiration  of  the
    51  retention period for such prior refusal as set forth in paragraph (k) of
    52  subdivision one of section two hundred one of this chapter.
    53    b.  Any  license  which  has been revoked pursuant to paragraph (c) of
    54  this subdivision or pursuant to  subdivision  three  of  section  eleven
    55  hundred  ninety-four-a  of  this article, where the holder was under the
    56  age of twenty-one years at the  time  of  such  refusal,  shall  not  be

        S. 321                              5
     1  restored for at least one year, nor thereafter, except in the discretion
     2  of the commissioner. Where such person under the age of twenty-one years
     3  has  a  prior  finding,  conviction  or  youthful  offender adjudication
     4  resulting  from  a  violation  of  section  eleven hundred ninety-two or
     5  section eleven hundred ninety-two-a of this article,  not  arising  from
     6  the  same  incident, such license shall not be restored for at least one
     7  year or until such person reaches the age of twenty-one years, whichever
     8  is the greater period of time, nor thereafter, except in the  discretion
     9  of the commissioner.
    10    c.  Any commercial driver's license which has been revoked pursuant to
    11  paragraph (c) of this subdivision based upon a  finding  of  refusal  to
    12  submit  to  a chemical test, where such finding occurs within or outside
    13  of this state, shall not be restored for at least eighteen months  after
    14  such revocation, nor thereafter, except in the discretion of the commis-
    15  sioner,  but  shall  not be restored for at least three years after such
    16  revocation, nor thereafter, except in the discretion of the  commission-
    17  er, if the holder of such license was operating a commercial motor vehi-
    18  cle transporting hazardous materials at the time of such refusal. Howev-
    19  er,  such  person  shall  be  permanently  disqualified from operating a
    20  commercial motor vehicle in any case where the holder has a prior  find-
    21  ing  of refusal to submit to a chemical test pursuant to this section or
    22  has a prior conviction of any of the following offenses:  any  violation
    23  of  section  eleven hundred ninety-two of this article; any violation of
    24  subdivision one or two of section six hundred of this chapter; or has  a
    25  prior  conviction  of  any  felony  involving the use of a motor vehicle
    26  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
    27  ten-a  of  this  chapter.  Provided that the commissioner may waive such
    28  permanent revocation after a period of ten years has expired  from  such
    29  revocation provided:
    30    (i) that during such ten year period such person has not been found to
    31  have  refused  a chemical test pursuant to this section and has not been
    32  convicted of any one of the following offenses: any violation of section
    33  eleven hundred ninety-two of this article; refusal to submit to a chemi-
    34  cal test pursuant to this section; any violation of subdivision  one  or
    35  two of section six hundred of this chapter; or has a prior conviction of
    36  any  felony  involving  the use of a motor vehicle pursuant to paragraph
    37  (a) of subdivision one of section five hundred ten-a of this chapter;
    38    (ii) that such person provides acceptable documentation to the commis-
    39  sioner that such person is not in need of alcohol or drug  treatment  or
    40  has satisfactorily completed a prescribed course of such treatment; and
    41    (iii) after such documentation is accepted, that such person is grant-
    42  ed  a  certificate  of relief from disabilities or a certificate of good
    43  conduct pursuant to article twenty-three of the correction  law  by  the
    44  court in which such person was last penalized.
    45    d.  Upon  a  third  finding of refusal and/or conviction of any of the
    46  offenses which require a permanent commercial driver's  license  revoca-
    47  tion,  such  permanent  revocation may not be waived by the commissioner
    48  under any circumstances.
    49    (2) Civil penalties. Except as otherwise provided,  any  person  whose
    50  license,  permit  to  drive,  or any non-resident operating privilege is
    51  revoked pursuant to the provisions of this section shall also be  liable
    52  for a civil penalty in the amount of five hundred dollars except that if
    53  such  revocation  is  a second or subsequent revocation pursuant to this
    54  section issued within a five  year  period,  or  such  person  has  been
    55  convicted  of  a  violation of any subdivision of section eleven hundred
    56  ninety-two of this article within the past five years not arising out of

        S. 321                              6
     1  the same incident, the civil penalty shall be in  the  amount  of  seven
     2  hundred  fifty  dollars. Any person whose license is revoked pursuant to
     3  the provisions of this section based upon a finding of refusal to submit
     4  to a chemical test while operating a commercial motor vehicle shall also
     5  be  liable for a civil penalty of five hundred fifty dollars except that
     6  if such person has previously been found to have refused a chemical test
     7  pursuant to this section while operating a commercial motor  vehicle  or
     8  has  a prior conviction of any of the following offenses while operating
     9  a commercial motor vehicle: any  violation  of  section  eleven  hundred
    10  ninety-two  of this article; any violation of subdivision two of section
    11  six hundred of this chapter; or has a prior  conviction  of  any  felony
    12  involving  the  use  of a commercial motor vehicle pursuant to paragraph
    13  (a) of subdivision one of section five hundred ten-a  of  this  chapter,
    14  then  the  civil  penalty  shall  be seven hundred fifty dollars. No new
    15  driver's license or permit shall be issued,  or  non-resident  operating
    16  privilege restored to such person unless such penalty has been paid. All
    17  penalties collected by the department pursuant to the provisions of this
    18  section  shall  be  the property of the state and shall be paid into the
    19  general fund of the state treasury.
    20    (3) Effect of rehabilitation program. No period of revocation  arising
    21  out  of this section may be set aside by the commissioner for the reason
    22  that such person was a participant in the  alcohol  and  drug  rehabili-
    23  tation  program  set  forth in section eleven hundred ninety-six of this
    24  article.
    25    (e) Regulations. The commissioner  shall  promulgate  such  rules  and
    26  regulations as may be necessary to effectuate the provisions of subdivi-
    27  sions one and two of this section.
    28    (f) Evidence. Evidence of a refusal to submit to such chemical test or
    29  any  portion  thereof  shall  be  admissible in any trial, proceeding or
    30  hearing based upon a violation  of  the  provisions  of  section  eleven
    31  hundred  ninety-two  of  this  article  but only upon a showing that the
    32  person was given sufficient warning, in clear and unequivocal  language,
    33  of  the  effect  of  such  refusal  and that the person persisted in the
    34  refusal.
    35    (g) Results. Upon the request  of  the  person  who  was  tested,  the
    36  results of such test shall be made available to such person.
    37    3.  Compulsory  chemical  tests.  (a)  Court  ordered  chemical tests.
    38  Notwithstanding the provisions of subdivision two of  this  section,  no
    39  person  who  operates a motor vehicle in this state may refuse to submit
    40  to a chemical test of one or more of the following: breath, blood, urine
    41  or saliva, for the purpose of  determining  the  alcoholic  and/or  drug
    42  content  of the blood when a court order for such chemical test has been
    43  issued in accordance with the provisions of this subdivision.
    44    (b) When authorized. Upon refusal by any person to submit to a  chemi-
    45  cal  test  or any portion thereof as described above, the test shall not
    46  be given unless a police officer or a district attorney, as  defined  in
    47  subdivision  thirty-two  of  section 1.20 of the criminal procedure law,
    48  requests and obtains a court order to compel a person  to  submit  to  a
    49  chemical test to determine the alcoholic or drug content of the person's
    50  blood upon a finding of reasonable cause to believe that:
    51    (1)  such person was the operator of a motor vehicle and in the course
    52  of such operation a  person  other  than  the  operator  was  killed  or
    53  suffered  serious  physical  injury  as  defined in section 10.00 of the
    54  penal law; and
    55    (2) a. either such person operated the vehicle  in  violation  of  any
    56  subdivision of section eleven hundred ninety-two of this article, or

        S. 321                              7
     1    b.  a  breath  test or saliva swab administered by a police officer in
     2  accordance with paragraph (b) of subdivision one of this  section  indi-
     3  cates  [that] the consumption of alcohol [has been consumed] or drugs by
     4  such person; or a police officer trained and certified as a drug  recog-
     5  nition expert or a police officer who has completed training pursuant to
     6  the  federal  advanced roadside impaired driving enforcement program has
     7  reason to believe that such person is under the influence  of  drugs  or
     8  the combined influence of drugs and alcohol; and
     9    (3) such person has been placed under lawful arrest; and
    10    (4)  such  person  has  refused  to  submit  to a chemical test or any
    11  portion thereof, requested in accordance with the  provisions  of  para-
    12  graph  (a)  of  subdivision  two  of  this  section or is unable to give
    13  consent to such a test.
    14    (c) Reasonable cause; definition. For the purpose of this  subdivision
    15  "reasonable  cause"  shall  be  determined  by  viewing  the totality of
    16  circumstances surrounding the incident which, when taken together, indi-
    17  cate that the operator  was  driving  in  violation  of  section  eleven
    18  hundred  ninety-two of this article. Such circumstances may include, but
    19  are not limited to: evidence that the operator  was  operating  a  motor
    20  vehicle  in  violation  of  any  provision  of this article or any other
    21  moving violation at the time of the incident; any visible indication  of
    22  alcohol or drug consumption or impairment by the operator; the existence
    23  of drugs or drug paraphernalia; or an open container containing an alco-
    24  holic  beverage  in  or  around  the vehicle driven by the operator; any
    25  other evidence surrounding the circumstances of the incident which indi-
    26  cates that the  operator  has  been  operating  a  motor  vehicle  while
    27  impaired  by  the  consumption of alcohol or drugs or intoxicated at the
    28  time of the incident.
    29    (d) Court order; procedure. (1) An application for a  court  order  to
    30  compel submission to a chemical test or any portion thereof, may be made
    31  to any supreme court justice, county court judge or district court judge
    32  in the judicial district in which the incident occurred, or if the inci-
    33  dent  occurred  in the city of New York before any supreme court justice
    34  or judge of the criminal court of the city of New York. Such application
    35  may be communicated by telephone, radio or  other  means  of  electronic
    36  communication, or in person.
    37    (2)  The  applicant  must provide identification by name and title and
    38  must state the purpose of the communication. Upon being advised that  an
    39  application for a court order to compel submission to a chemical test is
    40  being made, the court shall place under oath the applicant and any other
    41  person  providing  information in support of the application as provided
    42  in subparagraph three of this paragraph. After being sworn the applicant
    43  must state that the person from whom the chemical test was requested was
    44  the operator of a motor vehicle and in the course of  such  operation  a
    45  person,  other  than  the operator, has been killed or seriously injured
    46  and, based upon the totality of circumstances, there is reasonable cause
    47  to believe that such person was operating a motor vehicle  in  violation
    48  of  any subdivision of section eleven hundred ninety-two of this article
    49  and, after being placed under  lawful  arrest  such  person  refused  to
    50  submit to a chemical test or any portion thereof, in accordance with the
    51  provisions  of  this section or is unable to give consent to such a test
    52  or any portion thereof. The applicant must make specific allegations  of
    53  fact  to  support  such statement. Any other person properly identified,
    54  may present sworn allegations of fact  in  support  of  the  applicant's
    55  statement.

        S. 321                              8
     1    (3)  Upon  being advised that an oral application for a court order to
     2  compel a person to submit to a chemical test is being made, a  judge  or
     3  justice  shall  place  under  oath  the  applicant  and any other person
     4  providing information in support of the application. Such oath or  oaths
     5  and all of the remaining communication must be recorded, either by means
     6  of  a  voice recording device or verbatim stenographic or verbatim long-
     7  hand notes. If a voice recording device is used or a stenographic record
     8  made, the judge must have the record transcribed, certify to the accura-
     9  cy of the transcription and file the original record  and  transcription
    10  with  the  court  within  seventy-two hours of the issuance of the court
    11  order. If the longhand notes are taken, the judge shall subscribe a copy
    12  and file it with the court within twenty-four hours of the  issuance  of
    13  the order.
    14    (4)  If  the court is satisfied that the requirements for the issuance
    15  of a court order pursuant to the provisions of  paragraph  (b)  of  this
    16  subdivision  have  been  met,  it may grant the application and issue an
    17  order requiring the accused to submit to a chemical  test  to  determine
    18  the  alcoholic  and/or  drug content of his blood and ordering the with-
    19  drawal of a blood sample in accordance with the provisions of  paragraph
    20  (a)  of subdivision four of this section. When a judge or justice deter-
    21  mines to issue an order to compel submission to a chemical test based on
    22  an oral application, the applicant therefor shall prepare the  order  in
    23  accordance  with the instructions of the judge or justice.  In all cases
    24  the order shall include the name of the issuing judge  or  justice,  the
    25  name  of the applicant, and the date and time it was issued.  It must be
    26  signed by the judge or justice if issued in person, or by the  applicant
    27  if issued orally.
    28    (5) Any false statement by an applicant or any other person in support
    29  of  an  application  for  a court order shall subject such person to the
    30  offenses for perjury set forth in article two hundred ten of  the  penal
    31  law.
    32    (6)  The  chief administrator of the courts shall establish a schedule
    33  to provide that a sufficient number of judges or justices will be avail-
    34  able in each judicial district  to  hear  oral  applications  for  court
    35  orders as permitted by this section.
    36    (e) Administration of compulsory chemical test. An order issued pursu-
    37  ant  to the provisions of this subdivision shall require that a chemical
    38  test to determine the alcoholic and/or drug content  of  the  operator's
    39  blood  must  be  administered. The provisions of paragraphs (a), (b) and
    40  (c) of subdivision four of this section shall be applicable to any chem-
    41  ical test administered pursuant to this section.
    42    § 2. This act shall take effect on the first of November next succeed-
    43  ing the date on which it shall have become a law.
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