LBD03232-01-7
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CONTROLLED SUBSTANCES SHOULD NOT SUFFER THE ECONOMIC BURDEN CREATED BY
ANY SUCH ACCIDENT AND THE ADDITIONAL ECONOMIC BURDEN OF RECOVERING THE
COSTS AND EXPENSES INCIDENT THERETO, IT IS THE DETERMINATION OF THIS
LEGISLATURE THAT THE PASSAGE OF THIS ARTICLE IS REQUIRED IN ORDER TO
ALLOW THE MORE EQUITABLE DISTRIBUTION OF THE COST AND EXPENSE IMPOSED BY
SUCH ANTISOCIAL CONDUCT.
§ 796-A. DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE MEANINGS
HEREINAFTER SET FORTH, RESPECTIVELY:
1. "CONTROLLED SUBSTANCES" SHALL MEAN AND INCLUDE ANY SUBSTANCE NAMED
OR DESCRIBED AS SUCH IN TITLE ONE OF ARTICLE THIRTY-THREE OF THE PUBLIC
HEALTH LAW.
2. "COSTS AND EXPENSES OF EMERGENCY RESPONSES" SHALL MEAN AND INCLUDE,
BUT NOT BE LIMITED TO, ALL COSTS OF LABOR, MEDICAL MATERIALS, MEDICAL
EQUIPMENT, POLICE EQUIPMENT, FIRE EQUIPMENT, AND ADMINISTRATIVE EXPENSES
ASSOCIATED THEREWITH, WHICH SHALL BE EXPENDED, USED, ASSOCIATED WITH,
OCCASIONED BY OR CONNECTED WITH ANY EMERGENCY MEDICAL, FIRE OR POLICE
RESPONSE AND, FOR THE PURPOSES HEREOF, THE COSTS OF EMERGENCY MEDICAL,
FIRE AND POLICE MANPOWER SERVICES SHALL BE AS SET FORTH ON SUCH SCHED-
ULES AS A MUNICIPALITY MAY ADOPT, FROM TIME TO TIME, BY RESOLUTION
PURSUANT TO THIS ARTICLE.
§ 796-B. LOCAL LAWS AND ORDINANCES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY AND SUBJECT TO THE PROVISIONS OF THIS
ARTICLE, ANY CITY, COUNTY, TOWN OR VILLAGE IN THIS STATE, ACTING THROUGH
ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT
AND AMEND EITHER A LOCAL LAW OR AN ORDINANCE PROVIDING FOR THE RECOVERY
BY SUCH MUNICIPALITY OF ANY COST OR EXPENSE INCURRED OR EXPENDED BY IT
AS THE RESULT OF THE OPERATION OF A MOTOR VEHICLE WITHIN SUCH MUNICI-
PALITY BY AN INDIVIDUAL WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES
OR CONTROLLED SUBSTANCES OR A COMBINATION OF ALCOHOLIC BEVERAGES AND
CONTROLLED SUBSTANCES TO THE EXTENT THAT HIS OR HER NORMAL FACULTIES ARE
IMPAIRED OR TO THE EXTENT THAT HE OR SHE IS DEPRIVED OF FULL POSSESSION
OF HIS OR HER NORMAL FACULTIES AND, IF SUCH PERSON SHALL PROXIMATELY
CAUSE AN ACCIDENT OR IS A SUBSTANTIAL CAUSATIVE FACTOR OF AN ACCIDENT
RESULTING IN THE NEED FOR SUCH MUNICIPALITY TO PROVIDE EMERGENCY
MEDICAL, FIRE OR POLICE RESPONSES OR SERVICES, SUCH PERSON SHALL BE
LIABLE TO SUCH MUNICIPALITY FOR ALL COSTS AND EXPENSES OF SUCH EMERGENCY
RESPONSES AND SERVICES.
§ 796-C. STANDARD OF IMPAIRMENT; TESTING METHODS. 1. IN ANY TRIAL OF
ANY CIVIL ACTION OR PROCEEDING WITH RESPECT TO THE ENFORCEMENT OF ANY
LOCAL LAW OR ORDINANCE PASSED PURSUANT HERETO ALLEGING THAT ANY PERSON
IS LIABLE TO SUCH MUNICIPALITY BECAUSE SUCH PERSON WAS THE CAUSE OF OR
WAS A SUBSTANTIAL CAUSATIVE FACTOR OF AN ACCIDENT REQUIRING EMERGENCY
MEDICAL, FIRE OR POLICE RESPONSES WHILE SUCH PERSON WAS DRIVING OR IN
ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCO-
HOLIC BEVERAGES OR CONTROLLED SUBSTANCES, OR A COMBINATION OF ALCOHOLIC
BEVERAGES AND CONTROLLED SUBSTANCES, TO THE EXTENT THAT HIS OR HER
NORMAL FACULTIES WERE IMPAIRED, OR TO THE EXTENT THAT HE OR SHE WAS
DEPRIVED OF FULL POSSESSION OF HIS OR HER NORMAL FACULTIES, THE RESULTS
OF ANY TEST ADMINISTERED IN ACCORDANCE WITH ARTICLE THIRTY-ONE OF THE
VEHICLE AND TRAFFIC LAW SHALL BE ADMISSIBLE INTO EVIDENCE WHEN OTHERWISE
ADMISSIBLE, AND THE AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE
PERSON'S BLOOD AT THE TIME ALLEGED, AS SHOWN BY CHEMICAL ANALYSIS OF THE
PERSON'S BLOOD OR BREATH OR URINE, SHALL GIVE RISE TO THE FOLLOWING
PRESUMPTIONS:
A. IF THERE WAS, AT THE TIME, 0.05 PERCENT OR LESS BY WEIGHT OF ALCO-
HOL IN THE PERSON'S BLOOD, AND IF THERE WAS NO EVIDENCE OF A CONTROLLED
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SUBSTANCE IN SUCH PERSON'S BLOOD, IT SHALL BE PRESUMED THAT THE PERSON
WAS NOT UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES OR CONTROLLED
SUBSTANCES OR ANY COMBINATION THEREOF TO THE EXTENT THAT HIS OR HER
NORMAL FACULTIES WERE IMPAIRED.
B. IF THERE WAS, AT THE TIME, IN EXCESS OF 0.05 PERCENT BUT LESS THAN
0.08 PERCENT BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD SUCH FACTS SHALL
NOT GIVE RISE TO ANY PRESUMPTION THAT THE PERSON WAS OR WAS NOT UNDER
THE INFLUENCE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES OR A
COMBINATION THEREOF TO THE EXTENT THAT HIS OR HER NORMAL FACULTIES WERE
IMPAIRED, BUT SUCH FACT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE
IN DETERMINING WHETHER THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOLIC
BEVERAGES OR CONTROLLED SUBSTANCES OR ANY COMBINATION THEREOF TO THE
EXTENT THAT HIS OR HER NORMAL FACULTIES WERE IMPAIRED.
C. IF THERE WAS, AT THE TIME, 0.08 PERCENT OR MORE BY WEIGHT OF ALCO-
HOL IN THE PERSON'S BLOOD, EVEN IF THERE WAS NO EVIDENCE OF A CONTROLLED
SUBSTANCE IN SUCH PERSON'S BLOOD, SUCH FACT SHALL BE PRIMA FACIE
EVIDENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES
TO THE EXTENT THAT HIS OR HER NORMAL FACULTIES WERE IMPAIRED.
D. IF THERE WAS, AT THE TIME, IN EXCESS OF 0.05 PERCENT BY WEIGHT OF
ALCOHOL IN THE PERSON'S BLOOD AND EVIDENCE OF A CONTROLLED SUBSTANCE IN
THE PERSON'S BLOOD, SUCH FACTS SHALL BE PRIMA FACIE EVIDENCE THAT THE
PERSON WAS UNDER THE INFLUENCE OF A COMBINATION OF ALCOHOLIC BEVERAGES
AND CONTROLLED SUBSTANCES TO THE EXTENT THAT HIS OR HER NORMAL FACULTIES
WERE IMPAIRED.
2. THE PERCENT BY WEIGHT OF ALCOHOL IN THE BLOOD SHALL BE BASED UPON
GRAMS OF ALCOHOL PER 100 MILLILITERS OF BLOOD.
3. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS
LIMITING THE INTRODUCTION OF OTHER COMPETENT EVIDENCE BEARING UPON THE
QUESTION OF WHETHER THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOLIC
BEVERAGES OR CONTROLLED SUBSTANCES, OR A COMBINATION OF ALCOHOLIC BEVER-
AGES AND CONTROLLED SUBSTANCES, EITHER TO THE EXTENT THAT HIS OR HER
NORMAL FACULTIES WERE IMPAIRED OR TO THE EXTENT THAT HE OR SHE WAS
DEPRIVED OF FULL POSSESSION OF HIS OR HER NORMAL FACULTIES, OR THAT SUCH
IMPAIRMENT WAS THE PROXIMATE CAUSE OR SUBSTANTIALLY CAUSATIVE OF THE
ACCIDENT GIVING RISE TO THE NEED FOR EMERGENCY MEDICAL, POLICE OR FIRE
SERVICES.
4. A CHEMICAL ANALYSIS OF A PERSON'S BLOOD TO DETERMINE ALCOHOLIC
CONTENT, A CHEMICAL ANALYSIS OF A PERSON'S BREATH OR A CHEMICAL ANALYSIS
OF A PERSON'S URINE, IN ORDER TO BE CONSIDERED VALID UNDER THE
PROVISIONS OF THIS SECTION, MUST HAVE BEEN PERFORMED SUBSTANTIALLY IN
ACCORDANCE WITH THE METHOD SET FORTH IN ARTICLE THIRTY-ONE OF THE VEHI-
CLE AND TRAFFIC LAW. ANY INSUBSTANTIAL DIFFERENCES BETWEEN APPROVED
TECHNIQUES AND ACTUAL TESTING PROCEDURES IN ANY INDIVIDUAL CASE SHALL
NOT RENDER THE TEST OR TEST RESULTS INVALID. ANY TECHNIQUE OR METHOD
APPROVED BY THE DEPARTMENT OF HEALTH WITH RESPECT TO SUCH ANALYSIS SHALL
BE DEEMED ACCEPTABLE. ANY PERSON WHO SHALL BE DEEMED QUALIFIED AND
COMPETENT TO CONDUCT SUCH ANALYSIS BY THE DEPARTMENT OF HEALTH SHALL BE
DEEMED COMPETENT TO CONDUCT SUCH ANALYSIS.
§ 796-D. PRESUMPTION WITH RESPECT TO CAUSAL CONNECTION. IN ANY TRIAL
OF ANY CIVIL ACTION OR PROCEEDING WITH RESPECT TO THE ENFORCEMENT HEREOF
ALLEGING THAT ANY PERSON IS LIABLE HEREUNDER BECAUSE SUCH PERSON WAS THE
CAUSE OF OR WAS A SUBSTANTIAL CAUSATIVE FACTOR OF AN ACCIDENT REQUIRING
EMERGENCY MEDICAL, FIRE OR POLICE RESPONSES WHILE SUCH PERSON WAS DRIV-
ING OR IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE
OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, OR A COMBINATION OF
ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES, TO THE EXTENT THAT HIS OR
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HER NORMAL FACULTIES WERE IMPAIRED OR THAT HE OR SHE WAS DEPRIVED OF
FULL POSSESSION OF HIS OR HER NORMAL FACULTIES, IT SHALL BE PRESUMED
THAT A PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES AND/OR
CONTROLLED SUBSTANCES TO THE EXTENT THAT HIS OR HER NORMAL FACULTIES
WERE IMPAIRED, OR TO THE EXTENT THAT HE OR SHE WAS DEPRIVED OF FULL
POSSESSION OF HIS OR HER NORMAL FACULTIES, WAS THE PROXIMATE CAUSE OR
WAS A SUBSTANTIAL CAUSATIVE FACTOR OF THE ACCIDENT GIVING RISE TO THE
NEED FOR EMERGENCY MEDICAL, POLICE AND FIRE SERVICES.
§ 796-E. ADDITIONAL PRESUMPTION OF IMPAIRMENT. IN ANY TRIAL OF ANY
CIVIL ACTION OR PROCEEDING WITH RESPECT TO THE ENFORCEMENT OF ANY LOCAL
LAW OR ORDINANCE PASSED PURSUANT HERETO ALLEGING THAT ANY PERSON IS
LIABLE TO SUCH MUNICIPALITY BECAUSE SUCH PERSON WAS THE CAUSE OF OR WAS
A SUBSTANTIAL CAUSATIVE FACTOR OF AN ACCIDENT REQUIRING EMERGENCY
MEDICAL, FIRE OR POLICE RESPONSES WHILE SUCH PERSON WAS DRIVING OR IN
ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF ALCO-
HOLIC BEVERAGES OR CONTROLLED SUBSTANCES, OR A COMBINATION OF ALCOHOLIC
BEVERAGES AND CONTROLLED SUBSTANCES, TO THE EXTENT THAT HIS OR HER
NORMAL FACULTIES WERE IMPAIRED OR THAT HE OR SHE WAS DEPRIVED OF FULL
POSSESSION OF HIS OR HER NORMAL FACULTIES, IT SHALL BE PRESUMED THAT
SUCH PERSON'S NORMAL FACULTIES WERE IMPAIRED OR THAT SUCH PERSON WAS
DEPRIVED OF FULL POSSESSION OF HIS OR HER NORMAL FACULTIES IF SUCH
PERSON SHALL PLEAD GUILTY TO OR SHALL HAVE BEEN FOUND GUILTY AFTER TRIAL
OF A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW OR IF SUCH PERSON REFUSES AN OFFICER'S REQUEST TO SUBMIT TO
ANY BREATH, BLOOD OR URINE TEST PROVIDED IN SECTION ELEVEN HUNDRED NINE-
TY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND SUCH OFFICER SHALL HAVE
SUBMITTED A SWORN STATEMENT THAT HE HAD REASONABLE CAUSE TO BELIEVE THE
PERSON HAD BEEN DRIVING OR HAD BEEN IN ACTUAL PHYSICAL CONTROL OF A
MOTOR VEHICLE WITHIN SUCH MUNICIPALITY WHILE UNDER THE INFLUENCE OF
ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, OR A COMBINATION OF ALCO-
HOLIC BEVERAGES AND CONTROLLED SUBSTANCES, AND THAT SUCH PERSON HAD
REFUSED TO SUBMIT TO THE TEST OR TESTS AFTER BEING REQUESTED TO DO SO BY
THE OFFICER.
§ 796-F. DAMAGES. EVERY MUNICIPALITY ADOPTING A LOCAL LAW OR ORDINANCE
PURSUANT TO THIS ARTICLE SHALL DEVELOP AND KEEP CURRENT A SCHEDULE OF
SUCH EMERGENCY COSTS AND EXPENSES LIKELY TO BE INCURRED OR EXPENDED AS A
RESULT OF SUCH AN ALCOHOL OR CONTROLLED SUBSTANCE RELATED ACCIDENT
SETTING FORTH THE COST AND VALUE OF TIME AND SERVICES, AS WELL AS MATE-
RIALS, PROVIDED IN EMERGENCY SITUATIONS AS CONTEMPLATED BY THIS ARTICLE.
§ 796-G. ATTORNEY'S FEES, COURT COSTS AND EXPENSES; RECOVERY. IN ANY
TRIAL OR ANY CIVIL ACTION OR PROCEEDING ARISING IN THE ENFORCEMENT OF
ANY LOCAL LAW OR ORDINANCE PASSED PURSUANT HERETO, THE MUNICIPALITY
INVOLVED SHALL BE ENTITLED TO RECOVER ALL COURT COSTS, EXPENSES AND
ATTORNEY'S FEES INCURRED BY SUCH MUNICIPALITY IN SUCH DISPUTE AND SUCH
RIGHT SHALL INCLUDE ALL OF SUCH COSTS, EXPENSES AND ATTORNEY'S FEES
THROUGH ALL APPEALS OR OTHER ACTIONS.
§ 796-H. SEVERABILITY. IF ANY SECTION, SUBDIVISION, PARAGRAPH,
SENTENCE, CLAUSE, PHRASE OR PORTION OF THIS ARTICLE IS FOR ANY REASON
HELD INVALID OR UNCONSTITUTIONAL BY ANY COURT OF COMPETENT JURISDICTION,
SUCH PORTION SHALL BE DEEMED A SEPARATE, DISTINCT AND INDEPENDENT
PROVISION AND SUCH HOLDING SHALL NOT AFFECT THE VALIDITY OF THE REMAIN-
ING PORTIONS OF THIS ARTICLE.
§ 2. This act shall take effect immediately.