Bill Text: NY A08955 | 2017-2018 | General Assembly | Introduced

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Bill Title: Mandates testing in the event of a motor vehicle collision resulting in injury or death.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-03-05 - substituted by s7306 [A08955 Detail]

Download: New_York-2017-A08955-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8955
                   IN ASSEMBLY
                                     January 9, 2018
                                       ___________
        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; and to amend a chapter of the laws  of  2017,  amending  the
          vehicle  and traffic law relating to mandatory testing in the event of
          a motor vehicle collision resulting in injury or death, as proposed in
          legislative bills numbers S. 5562-A and A. 7572, in  relation  to  the
          effectiveness thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 1  of  section  603-a  of  the
     2  vehicle  and  traffic  law,  as  added by a chapter of the laws of 2017,
     3  amending the vehicle and traffic law relating to  mandatory  testing  in
     4  the  event of a motor vehicle collision resulting in injury or death, as
     5  proposed in legislative bills numbers S. 5562-A and A. 7572, is  amended
     6  to read as follows:
     7    (b)  When  present  at  the  scene of such accident, the investigating
     8  officer shall also request that all operators of motor vehicles involved
     9  in such accident submit to [a] field [sobriety test] testing as  defined
    10  in section eleven hundred ninety-four of this chapter provided there are
    11  reasonable  grounds  to  believe such motor vehicle operator committed a
    12  serious traffic violation in the same accident. [Upon refusal to  submit
    13  to  such  testing,  such  person  shall  be subject to the provisions of
    14  section eleven hundred ninety-four of this chapter.] The results of such
    15  field [sobriety and chemical tests] testing  or  [refusals]  refusal  of
    16  such  [tests]  testing  shall  be  included  in the police investigation
    17  report. For the purposes of this section,  "serious  traffic  violation"
    18  shall  mean operating a motor vehicle in violation of any of the follow-
    19  ing provisions of  this  chapter:  articles  twenty-three,  twenty-four,
    20  twenty-five,   twenty-six,  twenty-eight,  twenty-nine  and  thirty  and
    21  sections five hundred eleven, six hundred and twelve hundred twelve.
    22    § 2. Clause (A) of paragraph (b) of subdivision 2 of section  1194  of
    23  the  vehicle  and  traffic  law,  as amended by a chapter of the laws of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00154-04-8
        A. 8955                             2
     1  2017, amending the vehicle and traffic law relating to mandatory testing
     2  in the event of a motor vehicle collision resulting in injury or  death,
     3  as  proposed  in  legislative  bills  numbers  S. 5562-A and A. 7572, is
     4  amended to read as follows:
     5    (A)  such  person  having been placed under arrest [or having driven a
     6  vehicle involved in an accident resulting in serious physical injury to,
     7  or the death of, another person and, pursuant to paragraph (b) of subdi-
     8  vision one of section six hundred three-a of  this  chapter,  there  are
     9  reasonable  grounds to believe such person has committed a serious traf-
    10  fic violation as defined by such paragraph]; or
    11    § 3. Subparagraphs 2 and 3  of  paragraph  (b)  of  subdivision  2  of
    12  section  1194 of the vehicle and traffic law, as amended by a chapter of
    13  the laws of 2017, amending the  vehicle  and  traffic  law  relating  to
    14  mandatory testing in the event of a motor vehicle collision resulting in
    15  injury  or death, as proposed in legislative bills numbers S. 5562-A and
    16  A. 7572, are amended to read as follows:
    17    (2) The report of  the  police  officer  shall  set  forth  reasonable
    18  grounds  to  believe  such arrested person or such detained person under
    19  the age of twenty-one had been driving in violation of  any  subdivision
    20  of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
    21  this article, that said person had refused to submit  to  such  chemical
    22  test,  and  that  no  chemical  test  was  administered  pursuant to the
    23  requirements of subdivision three of this section. The report  shall  be
    24  presented  to  the  court  upon  arraignment of an arrested person [or a
    25  person arrested or issued an appearance ticket  for  a  serious  traffic
    26  violation  committed in the same accident being investigated pursuant to
    27  paragraph (b) of subdivision one of section six hundred three-a of  this
    28  chapter],  provided,  however,  in the case of a person under the age of
    29  twenty-one, for whom a test was authorized pursuant to the provisions of
    30  subparagraph two or three of paragraph (a) of this subdivision, and  who
    31  has  not  been  placed  under  arrest  for  a  violation  of  any of the
    32  provisions of section eleven hundred ninety-two of  this  article,  such
    33  report  shall  be forwarded to the commissioner within forty-eight hours
    34  in a manner to be prescribed by the  commissioner,  and  all  subsequent
    35  proceedings  with  regard  to refusal to submit to such chemical test by
    36  such person shall be as set forth in subdivision three of section eleven
    37  hundred ninety-four-a of this article.
    38    (3) For persons placed under arrest for a violation of any subdivision
    39  of section eleven hundred ninety-two of this article  [or  placed  under
    40  arrest  or  issued  an appearance ticket for a serious traffic violation
    41  committed in the same accident being investigated pursuant to  paragraph
    42  (b)  of subdivision one of section six hundred three-a of this chapter],
    43  the license or permit to drive and any non-resident operating  privilege
    44  shall,  upon  the basis of such written report, be temporarily suspended
    45  by the court without notice pending the determination of  a  hearing  as
    46  provided  in  paragraph  (c)  of this subdivision. Copies of such report
    47  must be transmitted by the court to the commissioner and such  transmit-
    48  tal  may  not  be  waived even with the consent of all the parties. Such
    49  report shall be forwarded to the commissioner within  forty-eight  hours
    50  of such arraignment.
    51    §  4.  Subparagraphs  1,  2 and 3 of paragraph (c) of subdivision 2 of
    52  section 1194 of the vehicle and traffic law, as amended by a chapter  of
    53  the  laws  of  2017,  amending  the  vehicle and traffic law relating to
    54  mandatory testing in the event of a motor vehicle collision resulting in
    55  injury or death, as proposed in legislative bills numbers  S.5562-A  and
    56  A.7572, are amended to read as follows:
        A. 8955                             3
     1    (1)  did  the  police  officer have reasonable grounds to believe that
     2  such person had been driving in violation of any subdivision of  section
     3  eleven  hundred  ninety-two  of  this  article [or was driving a vehicle
     4  involved in an accident being investigated pursuant to paragraph (b)  of
     5  subdivision one of section six hundred three-a of this chapter]; (2) did
     6  the  police  officer  make  a  lawful  arrest of such person [or issue a
     7  lawful appearance ticket to, or make a lawful arrest of, such person for
     8  a serious traffic violation committed in the same accident being  inves-
     9  tigated  pursuant  to  paragraph  (b)  of subdivision one of section six
    10  hundred three-a of this chapter]; (3) was such person  given  sufficient
    11  warning,  in  clear  or unequivocal language, prior to such refusal that
    12  such refusal to submit to such chemical test  or  any  portion  thereof,
    13  would  result  in  the immediate suspension and subsequent revocation of
    14  such person's license or operating privilege whether or not such  person
    15  is  found  guilty  of  the  charge for which the arrest was made [or the
    16  appearance ticket was issued]; and
    17    § 5.  Section 3 of a chapter of the laws of 2017, amending the vehicle
    18  and traffic law relating to mandatory testing in the event  of  a  motor
    19  vehicle  collision resulting in injury or death, as proposed in legisla-
    20  tive bills numbers S.5562-A and A.7572, is amended to read as follows:
    21    § 3. This act shall take effect on the [thirtieth] ninetieth day after
    22  it shall have become a law.
    23    § 6. This act shall take effect immediately;  provided,  however  that
    24  sections  one,  two, three and four of this act shall take effect on the
    25  same date and in the same manner as a  chapter  of  the  laws  of  2017,
    26  amending  the  vehicle  and traffic law relating to mandatory testing in
    27  the event of a motor vehicle collision resulting in injury or death,  as
    28  proposed in legislative bills numbers S.5562-A and A.7572, takes effect.