S T A T E O F N E W Y O R K
________________________________________________________________________
7306
I N S E N A T E
January 5, 2018
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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; and to amend a chapter of the laws of 2017, amending the
vehicle and traffic law relating to mandatory testing in the event of
a motor vehicle collision resulting in injury or death, as proposed in
legislative bills numbers S. 5562-A and A. 7572, in relation to the
effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 603-a of the
vehicle and traffic law, as added by a chapter of the laws of 2017,
amending the vehicle and traffic law relating to mandatory testing in
the event of a motor vehicle collision resulting in injury or death, as
proposed in legislative bills numbers S. 5562-A and A. 7572, is amended
to read as follows:
(b) When present at the scene of such accident, the investigating
officer shall also request that all operators of motor vehicles involved
in such accident submit to [a] field [sobriety test] TESTING as defined
in section eleven hundred ninety-four of this chapter provided there are
reasonable grounds to believe such motor vehicle operator committed a
serious traffic violation in the same accident. [Upon refusal to submit
to such testing, such person shall be subject to the provisions of
section eleven hundred ninety-four of this chapter.] The results of such
field [sobriety and chemical tests] TESTING or [refusals] REFUSAL of
such [tests] TESTING shall be included in the police investigation
report. For the purposes of this section, "serious traffic violation"
shall mean operating a motor vehicle in violation of any of the follow-
ing provisions of this chapter: articles twenty-three, twenty-four,
twenty-five, twenty-six, twenty-eight, twenty-nine and thirty and
sections five hundred eleven, six hundred and twelve hundred twelve.
§ 2. Clause (A) of paragraph (b) of subdivision 2 of section 1194 of
the vehicle and traffic law, as amended by a chapter of the laws of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00154-04-8
S. 7306 2
2017, amending the vehicle and traffic law relating to mandatory testing
in the event of a motor vehicle collision resulting in injury or death,
as proposed in legislative bills numbers S. 5562-A and A. 7572, is
amended to read as follows:
(A) such person having been placed under arrest [or having driven a
vehicle involved in an accident resulting in serious physical injury to,
or the death of, another person and, pursuant to paragraph (b) of subdi-
vision one of section six hundred three-a of this chapter, there are
reasonable grounds to believe such person has committed a serious traf-
fic violation as defined by such paragraph]; or
§ 3. Subparagraphs 2 and 3 of paragraph (b) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by a chapter of
the laws of 2017, amending the vehicle and traffic law relating to
mandatory testing in the event of a motor vehicle collision resulting in
injury or death, as proposed in legislative bills numbers S. 5562-A and
A. 7572, are amended to read as follows:
(2) The report of the police officer shall set forth reasonable
grounds to believe such arrested person or such detained person under
the age of twenty-one had been driving in violation of any subdivision
of section eleven hundred ninety-two or eleven hundred ninety-two-a of
this article, that said person had refused to submit to such chemical
test, and that no chemical test was administered pursuant to the
requirements of subdivision three of this section. The report shall be
presented to the court upon arraignment of an arrested person [or a
person arrested or issued an appearance ticket for a serious traffic
violation committed in the same accident being investigated pursuant to
paragraph (b) of subdivision one of section six hundred three-a of this
chapter], provided, however, in the case of a person under the age of
twenty-one, for whom a test was authorized pursuant to the provisions of
subparagraph two or three of paragraph (a) of this subdivision, and who
has not been placed under arrest for a violation of any of the
provisions of section eleven hundred ninety-two of this article, such
report shall be forwarded to the commissioner within forty-eight hours
in a manner to be prescribed by the commissioner, and all subsequent
proceedings with regard to refusal to submit to such chemical test by
such person shall be as set forth in subdivision three of section eleven
hundred ninety-four-a of this article.
(3) For persons placed under arrest for a violation of any subdivision
of section eleven hundred ninety-two of this article [or placed under
arrest or issued an appearance ticket for a serious traffic violation
committed in the same accident being investigated pursuant to paragraph
(b) of subdivision one of section six hundred three-a of this chapter],
the license or permit to drive and any non-resident operating privilege
shall, upon the basis of such written report, be temporarily suspended
by the court without notice pending the determination of a hearing as
provided in paragraph (c) of this subdivision. Copies of such report
must be transmitted by the court to the commissioner and such transmit-
tal may not be waived even with the consent of all the parties. Such
report shall be forwarded to the commissioner within forty-eight hours
of such arraignment.
§ 4. Subparagraphs 1, 2 and 3 of paragraph (c) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by a chapter of
the laws of 2017, amending the vehicle and traffic law relating to
mandatory testing in the event of a motor vehicle collision resulting in
injury or death, as proposed in legislative bills numbers S.5562-A and
A.7572, are amended to read as follows:
S. 7306 3
(1) did the police officer have reasonable grounds to believe that
such person had been driving in violation of any subdivision of section
eleven hundred ninety-two of this article [or was driving a vehicle
involved in an accident being investigated pursuant to paragraph (b) of
subdivision one of section six hundred three-a of this chapter]; (2) did
the police officer make a lawful arrest of such person [or issue a
lawful appearance ticket to, or make a lawful arrest of, such person for
a serious traffic violation committed in the same accident being inves-
tigated pursuant to paragraph (b) of subdivision one of section six
hundred three-a of this chapter]; (3) was such person given sufficient
warning, in clear or unequivocal language, prior to such refusal that
such refusal to submit to such chemical test or any portion thereof,
would result in the immediate suspension and subsequent revocation of
such person's license or operating privilege whether or not such person
is found guilty of the charge for which the arrest was made [or the
appearance ticket was issued]; and
§ 5. Section 3 of a chapter of the laws of 2017, amending the vehicle
and traffic law relating to mandatory testing in the event of a motor
vehicle collision resulting in injury or death, as proposed in legisla-
tive bills numbers S.5562-A and A.7572, is amended to read as follows:
§ 3. This act shall take effect on the [thirtieth] NINETIETH day after
it shall have become a law.
§ 6. This act shall take effect immediately; provided, however that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2017,
amending the vehicle and traffic law relating to mandatory testing in
the event of a motor vehicle collision resulting in injury or death, as
proposed in legislative bills numbers S.5562-A and A.7572, takes effect.
