Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 27, 2014 |
recommit, enacting clause stricken |
Jan 09, 2014 |
referred to transportation |
Senate Bill S6263
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- 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
Actions
2013-S6263 (ACTIVE) - Details
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd ยง1194, V & T L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3768
2013-S6263 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6263 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to compulsory chemical tests PURPOSE: The purpose of this bill is to provide the necessary tools to allow the implementation of a "no refusal" policy in New York State. SUMMARY OF PROVISIONS: This bill amends the section 1194 of the Vehicle and Traffic Law to allow application to a court to compel compliance with a chemical test where a motorist is suspected to be under the influence and where the driver has refused a chemical test. EXISTING LAW: Under current law, a police officer or district attorney may apply for an order to compel upon refusal by an operator to submit to a chemical test only when there is reasonable cause to believe the operator is DUI and there is serious bodily harm or death. Law enforcement is not permitted to apply for an order to compel where there is there is reasonable cause, but neither serious bodily harm nor death.
2013-S6263 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6263 I N S E N A T E January 9, 2014 ___________ Introduced by Sen. BALL -- 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 compulsory chemical tests THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: (b) When authorized. Upon refusal by any person to submit to a chemi- cal 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 thirty-two of section 1.20 of the criminal procedure law, requests and obtains 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 reasonable cause to believe that: (1) [such person was the operator of a motor vehicle and in the course of such operation a person other than the operator was killed or suffered serious physical injury as defined in section 10.00 of the penal law; and (2)] a. either such person operated the vehicle in violation of any subdivision of section eleven hundred ninety-two of this article, or b. a breath test administered by a police officer in accordance with paragraph (b) of subdivision one of this section indicates that alcohol has been consumed by such person; and [(3)] (2) such person has been placed under lawful arrest; and [(4)] (3) such person has refused to submit to a chemical test or any portion thereof, requested in accordance with the provisions of para- graph (a) of subdivision two of this section or is unable to give consent to such a test. S 2. Subparagraphs 1 and 2 of paragraph (b) of subdivision 2 of section 1194 of the vehicle and traffic law, as amended by chapter 196 of the laws of 1996, are amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01338-02-3
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