Bill Text: NY A02573 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the vehicle and traffic law, in relation to the application for court orders for compulsory chemical tests to determine blood alcohol content

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A02573 Detail]

Download: New_York-2009-A02573-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2573
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2009
                                      ___________
       Introduced  by  M.  of A. PRETLOW, CLARK, CARROZZA, GALEF -- Multi-Spon-
         sored by -- M. of A.  DIAZ, ENGLEBRIGHT, JOHN, MAYERSOHN -- read  once
         and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the applica-
         tion for court orders for compulsory chemical tests to determine blood
         alcohol content
         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 (b) of subdivision 3  of
    2  section  1194  of the vehicle and traffic law, as added by chapter 47 of
    3  the laws of 1988, is amended to read as follows:
    4    Upon refusal by any person to submit to a chemical test or any portion
    5  thereof as described above, [the test  shall  not  be  given  unless]  a
    6  police  officer  or a district attorney, as defined in subdivision thir-
    7  ty-two of section 1.20 of the  criminal  procedure  law,  [requests  and
    8  obtains]  SHALL  REQUEST a court order to compel a person to submit to a
    9  chemical test to determine the alcoholic or drug content of the person's
   10  blood [upon a finding of] IF SUCH POLICE OFFICER  OR  DISTRICT  ATTORNEY
   11  FINDS THAT THERE EXISTS reasonable cause to believe that:
   12    S  2.  Subdivision 3 of section 1194 of the vehicle and traffic law is
   13  amended by adding a new paragraph (f) to read as follows:
   14    (F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
   15  SUBDIVISION, A POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST  A  COURT
   16  ORDER  TO  COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH REQUEST WOULD
   17  IMPAIR THE ABILITY TO ADDRESS MEDICAL NEEDS  OR  OTHER  EXIGENT  CIRCUM-
   18  STANCES AT THE SCENE OF AN INCIDENT.
   19    S  3.  This  act shall take effect on the thirtieth day after it shall
   20  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05551-01-9