NY State Senate Bill 2015-S6745

Senate Bill S6745

2015-2016 Legislative Session

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	referred to transportation delivered to assembly passed senate
May 23, 2016	ordered to third reading cal.1007 committee discharged and committed to rules
Feb 12, 2016	referred to transportation

Votes

- May 24, 2016 - Floor Vote
  S6745
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (4)
      
      Diaz
      
      Nozzolio
      
      Panepinto
      
      Seward
  May 23, 2016 - Rules Committee Vote
  S6745
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 23, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Hassell-Thompson
      
      Krueger
      
      Lanza

co-Sponsors

2015-S6745 (ACTIVE) - Details

See Assembly Version of this Bill:: A9704
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2498
2011-2012: S4422
2013-2014: S1446
2017-2018: S5395, A1304

2015-S6745 (ACTIVE) - Summary

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

2015-S6745 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6745

 TITLE OF BILL :

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

 PURPOSE :

To provide a mechanism for greater enforcement of driving while
intoxicated and driving while ability impaired laws involving motor
vehicle accidents.

 SUMMARY OF PROVISIONS :

Section one of this bill adds a new subparagraph 2-a to paragraph (a)
of subdivision 2 of section 1194 of the Vehicle and Traffic law such
that there is implied consent for Blood-Alcohol Concentration (BAC)
testing on a person when a there are reasonable grounds to believe
that that person caused serious physical injury or death to another
person while operating a vehicle.

Section two of this bill amends subdivision 3 of section 1194 of the
Vehicle and Traffic law to disallow people from refusing BAC testing
in the situation where the person operated a motor vehicle causing the

death of another person. Further, in the situation where the operator
of the vehicle does refuse BAC testing, or is unable to give consent
for the BAC testing, the test cannot be given unless a police officer
or district attorney obtains a court order finding reasonable cause
that the operator of the vehicle did cause serious injury or death to
another and either refused testing or could not consent to testing.

Section three of this bill provides that this legislation will take
effect on the succeeding first of November from the date when this
legislation becomes law.

 JUSTIFICATION :

All too often, intoxicated drivers who are involved in motor vehicle
crashes escape prosecution. In August of 2004, the National Highway
Traffic Safety Administration's Final Report on State Laws and
Practices for BAC Testing and Reporting Drivers Involved in Fatal
Crashes, found that New York State reported testing only 3.9% of
surviving drivers who were involved in fatal crashes for their BAC.
Only two states reported testing a smaller percentage of surviving
drivers involved in fatal crashes. This legislation requires a
mandatory chemical test be performed when there is a serious personal
injury or a death as a result of a motor vehicle accident where it is
reasonably believed that the driver was under the influence of
alcohol.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.1446 Passed Senate
2011-12: S.4422 Passed Senate/Assembly codes
2009-10: S.2498 Transportation
2007-08: S.4014/A.6945
2006: A.7002-A

 FISCAL IMPACT :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2015-S6745 (ACTIVE) - Bill Text download pdf

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

                                  6745

                            I N  S E N A T E

                            February 12, 2016
                               ___________

Introduced  by Sen. VENDITTO -- 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  mandatory
  testing  in the event of a motor vehicle collision resulting in injury
  or death

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

  Section  1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by  chapter  196
of  the laws of 1996, are amended and a new subparagraph 2-a is added to
read as follows:
  (1) having reasonable grounds to believe  such  person  to  have  been
operating  in  violation  of  any  subdivision of section eleven hundred
ninety-two of this article and within two hours after  such  person  has
been  placed  under  arrest for any such violation; or having reasonable
grounds to believe such person to have been operating  in  violation  of
section eleven hundred ninety-two-a of this article and within two hours
after the stop of such person for any such violation, OR
  (2) within two hours after a breath test, as provided in paragraph (b)
of  subdivision  one  of  this  section, indicates that alcohol has been
consumed by such person and in accordance with the rules and regulations
established by the police force of which the officer is a member[;], OR
  (2-A) HAVING REASONABLE GROUNDS TO BELIEVE SUCH PERSON  TO  HAVE  BEEN
OPERATING A MOTOR VEHICLE IN A MANNER THAT CAUSES SERIOUS PHYSICAL INJU-
RY  AS  DEFINED  IN  SECTION 10.00 OF THE PENAL LAW TO, OR THE DEATH OF,
ANOTHER PERSON AND WITHIN TWO HOURS AFTER SUCH OPERATION WHICH  RESULTED
IN SUCH SERIOUS PHYSICAL INJURY OR DEATH, OR
  S  2. 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:
  3. Compulsory chemical tests. (a) [Court] MANDATORY AND COURT  ordered
chemical  tests.    Notwithstanding the provisions of subdivision two of
this section, no person who operates a motor vehicle in this  state  may
refuse  to  submit  to  a chemical test of one or more of the following:
breath, blood, urine or saliva, for the purpose of determining the alco-

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

                                                           LBD08282-01-5

S. 6745                             2

holic and/or drug content of the blood when (I) a court order  for  such
chemical  test has been issued in accordance with the provisions of this
subdivision OR (II) SUCH PERSON OPERATED A MOTOR  VEHICLE  IN  A  MANNER
THAT CAUSES THE DEATH OF ANOTHER PERSON.
  (b)  [When]  COURT  ORDERED  CHEMICAL TESTS, WHEN authorized. Upon (I)
refusal by any person to submit to a chemical test or any portion there-
of [as described above] REQUESTED BY A POLICE OFFICER, PURSUANT  TO  THE
PROVISIONS  OF SUBPARAGRAPH TWO-A OF PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, HAVING REASONABLE CAUSE TO BELIEVE  SUCH  PERSON  TO  HAVE
BEEN  OPERATING A MOTOR VEHICLE IN A MANNER THAT CAUSED SERIOUS PHYSICAL
INJURY TO ANOTHER PERSON, OR (II) THE INABILITY OF ANY  PERSON  TO  GIVE
CONSENT  TO A CHEMICAL TEST OR ANY PORTION THEREOF REQUESTED BY A POLICE
OFFICER, PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH TWO-A  OF  PARAGRAPH
(A)  OF  SUBDIVISION  TWO  OF  THIS  SECTION, HAVING REASONABLE CAUSE TO
BELIEVE SUCH PERSON TO HAVE BEEN OPERATING A MOTOR VEHICLE IN  A  MANNER
THAT CAUSED SERIOUS PHYSICAL INJURY TO, OR THE DEATH OF, ANOTHER PERSON,
the test shall not be given unless a police officer or a district attor-
ney,  as defined in subdivision thirty-two of section 1.20 of the crimi-
nal 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) (A) 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) such person has been placed under lawful arrest; and
  (4)] (B) such person has refused to submit to a chemical test  or  any
portion thereof, requested in accordance with the provisions of SUBPARA-
GRAPH  TWO-A  OF paragraph (a) of subdivision two of this section or [is
unable to give consent to such a test]
  (2) (A) 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
  (B) SUCH PERSON WAS UNABLE TO GIVE CONSENT TO SUCH A TEST.
  (c)  Reasonable cause; definition. For the purpose of this subdivision
"reasonable cause" shall  be  determined  by  viewing  the  totality  of
circumstances surrounding the incident which, when taken together, indi-
cate  that  the  operator  was  [driving  in violation of section eleven
hundred ninety-two of this article. Such circumstances may include,  but
are  not  limited  to:  evidence that the operator was operating a motor
vehicle in violation of any provision  of  this  article  or  any  other
moving  violation at the time of the incident; any visible indication of
alcohol or drug consumption or impairment by the operator; the existence
of an open container containing an alcoholic beverage in or  around  the
vehicle  driven  by  the  operator;  any  other evidence surrounding the
circumstances of the incident which indicates that the operator has been
operating a motor vehicle while impaired by the consumption  of  alcohol
or  drugs  or intoxicated at the time of the incident] OPERATING A MOTOR
VEHICLE AND IN THE COURSE OF SUCH OPERATION  A  PERSON  OTHER  THAN  THE

S. 6745                             3

OPERATOR  WAS  KILLED  OR SUFFERED SERIOUS PHYSICAL INJURY AS DEFINED IN
SECTION 10.00 OF THE PENAL LAW.
  (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 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 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 to determine
the alcoholic and/or drug content of his blood and  ordering  the  with-
drawal  of a blood sample in accordance with the provisions of paragraph
(a) of subdivision four of this section. When a judge or justice  deter-
mines to issue an order to compel submission to a chemical test based on
an  oral  application, the applicant therefor shall prepare the order in
accordance 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.

S. 6745                             4

  (5) 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.
  (6)  The  chief administrator of the courts shall establish a schedule
to provide that a sufficient number of judges or justices will be avail-
able in each judicial district  to  hear  oral  applications  for  court
orders as permitted by this section.
  (e) Administration of compulsory chemical test. An order issued pursu-
ant  to the provisions of this subdivision shall require that a chemical
test to determine the alcoholic and/or drug content  of  the  operator's
blood  must  be  administered. The provisions of paragraphs (a), (b) and
(c) of subdivision four of this section shall be applicable to any chem-
ical test administered pursuant to this section.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law,  and  shall  apply  to
violations committed on and after such date.

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Senate Bill S6745

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Sponsored By

Michael Venditto