Bill Text: NY A03126 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires court-ordered blood alcohol content testing for all drivers involved in fatal and serious physical injury accidents where there is a reasonable cause to believe an alcohol-related offense has been committed; provides exception when seeking court order would unduly interfere with emergency medical assistance or other necessary services at incident scene.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A03126 Detail]

Download: New_York-2019-A03126-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3126
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee 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    § 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    § 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.
                                                                   LBD04648-01-9