Bill Text: NY S06461 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires a police officer to provide the consequences of refusal to submit to a chemical test for the purpose of determining the alcoholic and/or drug content of the blood, both orally and in writing in such person's preferred language, and by an interpreter if necessary.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S06461 Detail]
Download: New_York-2023-S06461-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6461 2023-2024 Regular Sessions IN SENATE April 20, 2023 ___________ Introduced by Sen. BAILEY -- 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 chemical tests for the purpose of determining the alcoholic and/or drug content of the blood The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph 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, is amended to read as follows: 4 When authorized. Any person who operates a motor vehicle in this state 5 shall be deemed to have given consent to a chemical test of one or more 6 of the following: breath, blood, urine, or saliva, for the purpose of 7 determining the alcoholic and/or drug content of the blood provided that 8 such test is administered by or at the direction of a police officer 9 with respect to a chemical test of breath, urine or saliva or, with 10 respect to a chemical test of blood, at the direction of a police offi- 11 cer provided, however, that a police officer shall, after an oral and a 12 written explanation in the preferred language of the driver, by an 13 interpreter if necessary, of the consequences of refusal to take such 14 test: 15 § 2. Subparagraphs 1 and 2 of paragraph b of subdivision 2 of section 16 1194 of the vehicle and traffic law, subparagraph 1 as amended by chap- 17 ter 489 of the laws of 2017, clause (A) of subparagraph 1 and subpara- 18 graph 2 as amended by chapter 27 of the laws of 2018, are amended to 19 read as follows: 20 (1) If: (A) such person having been placed under arrest; or (B) after 21 a breath test indicates the presence of alcohol in the person's system; 22 or (C) with regard to a person under the age of twenty-one, there are 23 reasonable grounds to believe that such person has been operating a 24 motor vehicle after having consumed alcohol in violation of section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10915-03-3S. 6461 2 1 eleven hundred ninety-two-a of this article; and having thereafter been 2 requested to submit to such chemical test and having been informed, both 3 orally and in writing in such person's preferred language, that the 4 person's license or permit to drive and any non-resident operating priv- 5 ilege shall be immediately suspended and subsequently revoked, or, for 6 operators under the age of twenty-one for whom there are reasonable 7 grounds to believe that such operator has been operating a motor vehicle 8 after having consumed alcohol in violation of section eleven hundred 9 ninety-two-a of this article, shall be revoked for refusal to submit to 10 such chemical test or any portion thereof, whether or not the person is 11 found guilty of the charge for which such person is arrested or 12 detained, refuses to submit to such chemical test or any portion there- 13 of, unless a court order has been granted pursuant to subdivision three 14 of this section, the test shall not be given and a written report of 15 such refusal shall be immediately made by the police officer before whom 16 such refusal was made. Such report may be verified by having the report 17 sworn to, or by affixing to such report a form notice that false state- 18 ments made therein are punishable as a class A misdemeanor pursuant to 19 section 210.45 of the penal law and such form notice together with the 20 subscription of the deponent shall constitute a verification of the 21 report. 22 (2) The report of the police officer shall set forth reasonable 23 grounds to believe such arrested person or such detained person under 24 the age of twenty-one had been driving in violation of any subdivision 25 of section eleven hundred ninety-two or eleven hundred ninety-two-a of 26 this article, that said person had refused to submit to such chemical 27 test after being informed both orally and in writing of the consequences 28 of such refusal, and that no chemical test was administered pursuant to 29 the requirements of subdivision three of this section. The report shall 30 be presented to the court upon arraignment of an arrested person, 31 provided, however, in the case of a person under the age of twenty-one, 32 for whom a test was authorized pursuant to the provisions of subpara- 33 graph two or three of paragraph (a) of this subdivision, and who has not 34 been placed under arrest for a violation of any of the provisions of 35 section eleven hundred ninety-two of this article, such report shall be 36 forwarded to the commissioner within forty-eight hours in a manner to be 37 prescribed by the commissioner, and all subsequent proceedings with 38 regard to refusal to submit to such chemical test by such person shall 39 be as set forth in subdivision three of section eleven hundred ninety- 40 four-a of this article. 41 § 3. This act shall take effect on the ninetieth day after it shall 42 have become a law.
