S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3858

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

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 establishing
  a statewide toll-free office of court administration hotline  for  use
  by police officers seeking court orders to compel persons to submit to
  a blood test

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Vionique Valnord's law".
  S 2. Paragraph (d) 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:
  (d) Court order; procedure. (1) An application for a  court  order  to
compel submission to a chemical test or any portion thereof, may be made
to any supreme court justice, county court judge or district court judge
in the judicial district in which the incident occurred, or if the inci-
dent  occurred  in the city of New York before any supreme court justice
or judge of the criminal court of the city of New York. Such application
may be communicated by telephone, radio or  other  means  of  electronic
communication, or in person.
  (2)  The  applicant  must provide identification by name and title and
must state the purpose of the communication. Upon being advised that  an
application for a court order to compel submission to a chemical test is
being made, the court shall place under oath the applicant and any other
person  providing  information in support of the application as provided
in subparagraph three of this paragraph. After being sworn the applicant
must state that the person from whom the chemical test was requested was
the operator of a motor vehicle and in the course of  such  operation  a
person,  other  than  the operator, has been killed or seriously injured
and, based upon the totality of circumstances, there is reasonable cause

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07683-01-3
              

A. 3858                             2

to believe that such person was operating a motor vehicle  in  violation
of  any subdivision of section eleven hundred ninety-two of this article
and, after being placed under  lawful  arrest  such  person  refused  to
submit to a chemical test or any portion thereof, in accordance with the
provisions  of  this section or is unable to give consent to such a test
or any portion thereof. The applicant must make specific allegations  of
fact  to  support  such statement. Any other person properly identified,
may present sworn allegations of fact  in  support  of  the  applicant's
statement.
  (3)  Upon  being advised that an oral application for a court order to
compel a person to submit to a chemical test  OF  ONE  OR  MORE  OF  THE
FOLLOWING:  BREATH,  BLOOD,  URINE  OR SALIVA, is being made, a judge or
justice shall place under  oath  the  applicant  and  any  other  person
providing  information in support of the application. Such oath or oaths
and all of the remaining communication must be recorded, either by means
of a voice recording device or verbatim stenographic or  verbatim  long-
hand notes. If a voice recording device is used or a stenographic record
made, the judge must have the record transcribed, certify to the accura-
cy  of  the transcription and file the original record and transcription
with the court within seventy-two hours of the  issuance  of  the  court
order. If the longhand notes are taken, the judge shall subscribe a copy
and  file  it with the court within twenty-four hours of the issuance of
the order.
  (4) If the court is satisfied that the requirements for  the  issuance
of  a  court  order  pursuant to the provisions of paragraph (b) of this
subdivision have been met, it may grant the  application  and  issue  an
order  requiring the accused to submit to a chemical test OF ONE OR MORE
OF THE FOLLOWING: BREATH, BLOOD, URINE OR SALIVA, to determine the alco-
holic and/or drug content of his blood and ordering the withdrawal of  a
blood  sample  in  accordance  with  the  provisions of paragraph (a) of
subdivision four of this section. When a judge or justice determines  to
issue  an order to compel submission to a chemical test based on an oral
application, the applicant therefor shall prepare the order  in  accord-
ance  with  the  instructions of the judge or justice.  In all cases the
order shall include the name of the issuing judge or justice,  the  name
of  the  applicant,  and  the  date and time it was issued.   It must be
signed by the judge or justice if issued in person, or by the  applicant
if issued orally.
  (5)  UPON  REFUSAL  BY  A  PERSON, WHO A POLICE OFFICER HAS REASONABLE
CAUSE TO BELIEVE IS IN VIOLATION OF ANY SUBDIVISION  OF  SECTION  ELEVEN
HUNDRED  NINETY-TWO OF THIS ARTICLE, TO SUBMIT TO A CHEMICAL TEST OF ONE
OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE OR SALIVA,  REQUESTED  BY
SUCH  POLICE OFFICER AT THE TIME OF SUCH TRAFFIC STOP, SUCH POLICE OFFI-
CER, IF A SIGNED COURT ORDER TO COMPEL SUCH PERSON  TO  SUBMIT  TO  SUCH
TEST  CANNOT  BE  PRODUCED, SHALL CALL THE STATEWIDE TOLL-FREE OFFICE OF
COURT ADMINISTRATION HOTLINE WITHIN FIFTEEN MINUTES OF SUCH REFUSAL,  AS
DESCRIBED  IN  SECTION  ELEVEN HUNDRED NINETY-FOUR-B OF THIS ARTICLE, TO
REQUEST OR OBTAIN, BY ORAL APPLICATION  AS  DESCRIBED  IN  SUBPARAGRAPHS
THREE AND FOUR OF THIS PARAGRAPH, A COURT ORDER TO COMPEL SUCH PERSON TO
SUBMIT  TO  A  CHEMICAL  TEST  OF  ONE OR MORE OF THE FOLLOWING: BREATH,
BLOOD, URINE OR SALIVA.
  (6) Any false statement by an applicant or any other person in support
of an application for a court order shall subject  such  person  to  the
offenses  for  perjury set forth in article two hundred ten of the penal
law.

A. 3858                             3

  [(6)] (7) The chief administrator of  the  courts  shall  establish  a
schedule  to provide that a sufficient number of judges or justices will
be available in each judicial district to  hear  oral  applications  for
court orders as permitted by this section.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1194-b to read as follows:
  S 1194-B. STATEWIDE TOLL-FREE OFFICE OF COURT ADMINISTRATION  HOTLINE;
COURT  ORDER  TO COMPEL CHEMICAL TEST. 1. THE DEPARTMENT, IN CONJUNCTION
WITH THE OFFICE OF  COURT  ADMINISTRATION  AND  THE  DIVISION  OF  STATE
POLICE,  SHALL  ESTABLISH,  MAINTAIN  AND  OPERATE A STATEWIDE TOLL-FREE
OFFICE OF COURT ADMINISTRATION HOTLINE FOR THE USE  OF  POLICE  OFFICERS
SEEKING  COURT  ORDERS TO COMPEL PERSONS TO SUBMIT TO A CHEMICAL TEST OF
ONE OR MORE OF  THE  FOLLOWING:  BREATH,  BLOOD,  URINE  OR  SALIVA,  AS
DESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  THREE  OF SECTION ELEVEN
HUNDRED NINETY-FOUR OF THIS ARTICLE.
  2. UPON REFUSAL BY A PERSON, WHO A LAW ENFORCEMENT OFFICER HAS REASON-
ABLE CAUSE TO BELIEVE IS IN VIOLATION  OF  ANY  SUBDIVISION  OF  SECTION
ELEVEN  HUNDRED NINETY-TWO OF THIS ARTICLE, TO SUBMIT TO A CHEMICAL TEST
OF ONE OR MORE  OF  THE  FOLLOWING:  BREATH,  BLOOD,  URINE  OR  SALIVA,
REQUESTED  BY  SUCH POLICE OFFICER AT THE TIME OF THE TRAFFIC STOP, SUCH
POLICE OFFICER, IF A SIGNED COURT ORDER TO COMPEL SUCH PERSON TO  SUBMIT
TO  A  CHEMICAL  TEST  CANNOT  BE  PRODUCED,  SHALL  CALL  THE STATEWIDE
TOLL-FREE OFFICE OF COURT ADMINISTRATION HOTLINE WITHIN FIFTEEN  MINUTES
OF  SUCH REFUSAL, TO REQUEST OR OBTAIN, BY ORAL APPLICATION AS DESCRIBED
IN SUBPARAGRAPHS THREE AND FOUR OF PARAGRAPH (D) OF SUBDIVISION THREE OF
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE,  A  COURT  ORDER  TO
COMPEL SUCH PERSON TO SUBMIT TO SUCH TEST.
  3. TELEPHONE CALLS MADE TO SUCH HOTLINE SHALL BE IMMEDIATELY ROUTED TO
A  SUPREME  COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE IN
THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCIDENT
OCCURRED IN THE CITY OF NEW YORK, TO ANY SUPREME COURT JUSTICE OR  JUDGE
OF THE CRIMINAL COURT OF THE CITY OF NEW YORK.
  4.  IF THE JUDGE OR JUSTICE IS SATISFIED THAT THE REQUIREMENTS FOR THE
ISSUANCE OF A COURT ORDER PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF
SUBDIVISION THREE OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS  ARTICLE
HAVE  BEEN MET, HE OR SHE SHALL GRANT THE APPLICATION AND SHALL ISSUE AN
ORDER REQUIRING THE ACCUSED TO SUBMIT TO A  CHEMICAL  TEST  IMMEDIATELY,
PURSUANT  TO  SUBDIVISION THREE OF SECTION ELEVEN HUNDRED NINETY-FOUR OF
THIS ARTICLE.
  5. A DETERMINATION GRANTING  OR  DENYING  SUCH  APPLICATION  SHALL  BE
ISSUED WITHIN ONE HOUR OF SUCH PHONE CALL.
  6.  A  POLICE OFFICER SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE
FAILS TO COMPLY WITH THE PROVISIONS SET FORTH IN SUBDIVISION TWO OF THIS
SECTION.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules and regulations neces-
sary for the timely implementation of this act  on  its  effective  date
shall be promulgated on or before such date.