Assembly Bill A2573

2009-2010 Legislative Session

Requires a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2573 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1194, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2853
2013-2014: A3934
2015-2016: A2685
2017-2018: A1008
2019-2020: A3126
2021-2022: A1536
2023-2024: A831

2009-A2573 (ACTIVE) - Summary

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.

2009-A2573 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. The opening paragraph of paragraph (b) of subdivision 3  of
section  1194  of the vehicle and traffic law, as added by chapter 47 of
the laws of 1988, is amended to read as follows:
  Upon refusal by any person to submit to a chemical test or any portion
thereof as described above, [the test  shall  not  be  given  unless]  a
police  officer  or a district attorney, as defined in subdivision thir-
ty-two of section 1.20 of the  criminal  procedure  law,  [requests  and
obtains]  SHALL  REQUEST a court order to compel a person to submit to a
chemical test to determine the alcoholic or drug content of the person's
blood [upon a finding of] IF SUCH POLICE OFFICER  OR  DISTRICT  ATTORNEY
FINDS THAT THERE EXISTS reasonable cause to believe that:
  S  2.  Subdivision 3 of section 1194 of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
  (F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION, A POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST  A  COURT
ORDER  TO  COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH REQUEST WOULD
IMPAIR THE ABILITY TO ADDRESS MEDICAL NEEDS  OR  OTHER  EXIGENT  CIRCUM-
STANCES AT THE SCENE OF AN INCIDENT.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05551-01-9

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