S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    968
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, DenDEKKER, McDONOUGH -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to saliva swabs
   and chemical tests in certain cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and
 traffic law, as added by chapter 47 of the laws of 1988,  paragraph  (a)
 of  subdivision  2  as amended by chapter 196 of the laws of 1996, para-
 graphs (b) and (c) of subdivision 2 as amended by  chapter  489  of  the
 laws  of 2017, clause (A) of subparagraph 1 and subparagraphs 2 and 3 of
 paragraph (b) and subparagraphs 1, 2, and 3 of paragraph (c) of subdivi-
 sion 2 as amended by chapter 27 of the laws of 2018, subparagraphs 1 and
 2 of paragraph (d) of subdivision 2 as amended by  chapter  732  of  the
 laws  of  2006 and item (iii) of clause c of subparagraph 1 of paragraph
 (d) of subdivision 2 as amended by section 37 of part LL of  chapter  56
 of the laws of 2010, are amended to read as follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions of section 140.10 of the criminal  procedure  law,  a  police
 officer  may, without a warrant, arrest a person, in case of a violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person is involved, which in fact has been committed, though not in  the
 police  officer's  presence,  when  the  officer has reasonable cause to
 believe that the violation was committed by such person.
   (b) Field testing. Every person operating a motor  vehicle  which  has
 been involved in an accident or which is operated in violation of any of
 the  provisions  of this chapter shall, at the request of a police offi-
 cer, submit to a breath test AND/OR SALIVA SWAB to  be  administered  by
 the police officer. If EITHER such test indicates that such operator has
 consumed  alcohol OR IS UNDER THE INFLUENCE OF A DRUG OR DRUGS, OR BOTH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01398-01-9

 A. 968                              2
 
 the police officer may request such operator to  submit  to  a  chemical
 test in the manner set forth in subdivision two of this section.
   2.  Chemical  tests.  (a)  When  authorized. Any person who operates a
 motor vehicle in this state shall be deemed to have given consent  to  a
 chemical  test of one or more of the following: breath, blood, urine, or
 saliva, for the purpose of determining the alcoholic and/or drug content
 of the blood provided that such test is administered by or at the direc-
 tion of a police officer with respect to  a  chemical  test  of  breath,
 urine  or  saliva  or,  with respect to a chemical test of blood, at the
 direction of a police officer:
   (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,
   (2)  within  two hours after a breath test OR SALIVA SWAB, as provided
 in paragraph (b) of subdivision one of this  section,  indicates  [that]
 THE  CONSUMPTION  OF alcohol [has been consumed] OR DRUGS by such person
 and in accordance with the rules  and  regulations  established  by  the
 police force of which the officer is a member;
   (3)  for  the  purposes  of  this  paragraph,  "reasonable grounds" to
 believe that a person has been operating a motor  vehicle  after  having
 consumed  alcohol in violation of section eleven hundred ninety-two-a of
 this article shall be determined by  viewing  the  totality  of  circum-
 stances  surrounding  the  incident which, when taken together, indicate
 that the operator was driving in violation  of  such  subdivision.  Such
 circumstances  may include any visible or behavioral indication of alco-
 hol consumption by the operator, the  existence  of  an  open  container
 containing  or  having  contained an alcoholic beverage in or around the
 vehicle driven by the operator, or any other  evidence  surrounding  the
 circumstances of the incident which indicates that the operator has been
 operating  a  motor vehicle after having consumed alcohol at the time of
 the incident; or
   (4) notwithstanding any other provision of law  to  the  contrary,  no
 person  under  the  age  of  twenty-one shall be arrested for an alleged
 violation of  section  eleven  hundred  ninety-two-a  of  this  article.
 However,  a  person under the age of twenty-one for whom a chemical test
 is authorized pursuant to this paragraph may be temporarily detained  by
 the  police  solely  for the purpose of requesting or administering such
 chemical test whenever arrest without a  warrant  for  a  petty  offense
 would  be authorized in accordance with the provisions of section 140.10
 of the criminal procedure law or paragraph (a)  of  subdivision  one  of
 this section.
   (b)  Report  of refusal TO SUBMIT TO A CHEMICAL TEST. (1) If: (A) such
 person having been placed under arrest; or (B) after a breath test indi-
 cates the presence of alcohol in the person's system; or (C) with regard
 to a person under the age of twenty-one, there are reasonable grounds to
 believe that such person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article;  and  having  thereafter been requested to submit to such
 chemical test and having been informed  that  the  person's  license  or
 permit  to drive and any non-resident operating privilege shall be imme-
 diately suspended and subsequently revoked, or, for operators under  the
 age  of twenty-one for whom there are reasonable grounds to believe that

 A. 968                              3
 
 such operator has been operating a motor vehicle after  having  consumed
 alcohol  in  violation  of  section  eleven hundred ninety-two-a of this
 article, shall be revoked for refusal to submit to such chemical test or
 any  portion  thereof,  whether or not the person is found guilty of the
 charge for which such person is arrested or detained, refuses to  submit
 to  such  chemical test or any portion thereof, unless a court order has
 been granted pursuant to subdivision three of  this  section,  the  test
 shall  not  be given and a written report of such refusal shall be imme-
 diately made by the police officer before whom such  refusal  was  made.
 Such  report may be verified by having the report sworn to, or by affix-
 ing to such report a form notice that false statements made therein  are
 punishable  as  a  class A misdemeanor pursuant to section 210.45 of the
 penal law and such form notice together with  the  subscription  of  the
 deponent shall constitute a verification of the report.
   (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, 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,  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 trans-
 mitted by the court to the commissioner and such transmittal 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  arraign-
 ment.
   (4) The court or the police officer, in the case of a person under the
 age  of  twenty-one alleged to be driving after having consumed alcohol,
 shall provide such person with a scheduled hearing date, a waiver  form,
 and  such other information as may be required by the commissioner. If a
 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
 vision three of section eleven hundred ninety-four-a of this article, is
 waived by such person, the commissioner  shall  immediately  revoke  the
 license,  permit, or non-resident operating privilege, as of the date of
 receipt of such waiver in accordance with the  provisions  of  paragraph
 (d) of this subdivision.
   (c)  Hearings. Any person whose license or permit to drive or any non-
 resident driving privilege has been suspended pursuant to paragraph  (b)
 of  this subdivision is entitled to a hearing in accordance with a hear-
 ing schedule to be promulgated by the commissioner.  If  the  department

 A. 968                              4
 
 fails  to  provide  for  such hearing fifteen days after the date of the
 arraignment of the arrested person, the  license,  permit  to  drive  or
 non-resident  operating  privilege  of  such  person shall be reinstated
 pending a hearing pursuant to this section. The hearing shall be limited
 to  the  following  issues:  (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;  (2)
 did the police officer make a lawful arrest of such person; (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;  and (4) did such person refuse to submit to such chemical test or
 any portion thereof. If, after such hearing, the hearing officer, acting
 on behalf of the commissioner, finds on any one of said  issues  in  the
 negative, the hearing officer shall immediately terminate any suspension
 arising  from such refusal. If, after such hearing, the hearing officer,
 acting on behalf of the commissioner finds all  of  the  issues  in  the
 affirmative, such officer shall immediately revoke the license or permit
 to  drive or any non-resident operating privilege in accordance with the
 provisions of paragraph (d) of this subdivision. A person who has had  a
 license or permit to drive or non-resident operating privilege suspended
 or  revoked  pursuant to this subdivision may appeal the findings of the
 hearing officer in accordance with the provisions of article three-A  of
 this  chapter.  Any  person  may waive the right to a hearing under this
 section. Failure by such person to  appear  for  the  scheduled  hearing
 shall  constitute a waiver of such hearing, provided, however, that such
 person may petition the commissioner for a new hearing  which  shall  be
 held as soon as practicable.
   (d)  Sanctions. (1) Revocations. a. Any license which has been revoked
 pursuant to paragraph (c) of this subdivision shall not be restored  for
 at  least  one year after such revocation, nor thereafter, except in the
 discretion of the  commissioner.  However,  no  such  license  shall  be
 restored  for at least eighteen months after such revocation, nor there-
 after except in the discretion of the commissioner, in  any  case  where
 the  person  has had a prior revocation resulting from refusal to submit
 to a chemical test, or has been convicted of or found to be in violation
 of any subdivision of section eleven hundred ninety-two or section elev-
 en hundred ninety-two-a of this article not  arising  out  of  the  same
 incident,  within  the five years immediately preceding the date of such
 revocation; provided, however, a prior finding that a person  under  the
 age  of  twenty-one has refused to submit to a chemical test pursuant to
 subdivision three of section eleven hundred ninety-four-a of this  arti-
 cle  shall have the same effect as a prior finding of a refusal pursuant
 to this subdivision solely for the purpose of determining the length  of
 any  license  suspension  or revocation required to be imposed under any
 provision of this article,  provided  that  the  subsequent  offense  or
 refusal  is  committed  or  occurred  prior  to  the  expiration  of the
 retention period for such prior refusal as set forth in paragraph (k) of
 subdivision one of section two hundred one of this chapter.
   b. Any license which has been revoked pursuant  to  paragraph  (c)  of
 this  subdivision  or  pursuant  to  subdivision three of section eleven
 hundred ninety-four-a of this article, where the holder  was  under  the
 age  of  twenty-one  years  at  the  time  of such refusal, shall not be
 restored for at least one year, nor thereafter, except in the discretion

 A. 968                              5
 
 of the commissioner. Where such person under the age of twenty-one years
 has a  prior  finding,  conviction  or  youthful  offender  adjudication
 resulting  from  a  violation  of  section  eleven hundred ninety-two or
 section  eleven  hundred  ninety-two-a of this article, not arising from
 the same incident, such license shall not be restored for at  least  one
 year or until such person reaches the age of twenty-one years, whichever
 is  the greater period of time, nor thereafter, except in the discretion
 of the commissioner.
   c. Any commercial driver's license which has been revoked pursuant  to
 paragraph  (c)  of  this  subdivision based upon a finding of refusal to
 submit to a chemical test, where such finding occurs within  or  outside
 of  this state, shall not be restored for at least eighteen months after
 such revocation, nor thereafter, except in the discretion of the commis-
 sioner, but shall not be restored for at least three  years  after  such
 revocation,  nor thereafter, except in the discretion of the commission-
 er, if the holder of such license was operating a commercial motor vehi-
 cle transporting hazardous materials at the time of such refusal. Howev-
 er, such person shall  be  permanently  disqualified  from  operating  a
 commercial  motor vehicle in any case where the holder has a prior find-
 ing of refusal to submit to a chemical test pursuant to this section  or
 has  a  prior conviction of any of the following offenses: any violation
 of section eleven hundred ninety-two of this article; any  violation  of
 subdivision  one or two of section six hundred of this chapter; or has a
 prior conviction of any felony involving the  use  of  a  motor  vehicle
 pursuant  to  paragraph  (a)  of subdivision one of section five hundred
 ten-a of this chapter. Provided that the  commissioner  may  waive  such
 permanent  revocation  after a period of ten years has expired from such
 revocation provided:
   (i) that during such ten year period such person has not been found to
 have refused a chemical test pursuant to this section and has  not  been
 convicted of any one of the following offenses: any violation of section
 eleven hundred ninety-two of this article; refusal to submit to a chemi-
 cal  test  pursuant to this section; any violation of subdivision one or
 two of section six hundred of this chapter; or has a prior conviction of
 any felony involving the use of a motor vehicle  pursuant  to  paragraph
 (a) of subdivision one of section five hundred ten-a of this chapter;
   (ii) that such person provides acceptable documentation to the commis-
 sioner  that  such person is not in need of alcohol or drug treatment or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed a certificate of relief from disabilities or a  certificate  of  good
 conduct  pursuant  to  article twenty-three of the correction law by the
 court in which such person was last penalized.
   d. Upon a third finding of refusal and/or conviction  of  any  of  the
 offenses  which  require a permanent commercial driver's license revoca-
 tion, such permanent revocation may not be waived  by  the  commissioner
 under any circumstances.
   (2)  Civil  penalties.  Except as otherwise provided, any person whose
 license, permit to drive, or any  non-resident  operating  privilege  is
 revoked  pursuant to the provisions of this section shall also be liable
 for a civil penalty in the amount of five hundred dollars except that if
 such revocation is a second or subsequent revocation  pursuant  to  this
 section  issued  within  a  five  year  period,  or such person has been
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two of this article within the past five years not arising out of
 the  same  incident,  the  civil penalty shall be in the amount of seven

 A. 968                              6

 hundred fifty dollars. Any person whose license is revoked  pursuant  to
 the provisions of this section based upon a finding of refusal to submit
 to a chemical test while operating a commercial motor vehicle shall also
 be  liable for a civil penalty of five hundred fifty dollars except that
 if such person has previously been found to have refused a chemical test
 pursuant to this section while operating a commercial motor  vehicle  or
 has  a prior conviction of any of the following offenses while operating
 a commercial motor vehicle: any  violation  of  section  eleven  hundred
 ninety-two  of this article; any violation of subdivision two of section
 six hundred of this chapter; or has a prior  conviction  of  any  felony
 involving  the  use  of a commercial motor vehicle pursuant to paragraph
 (a) of subdivision one of section five hundred ten-a  of  this  chapter,
 then  the  civil  penalty  shall  be seven hundred fifty dollars. No new
 driver's license or permit shall be issued,  or  non-resident  operating
 privilege restored to such person unless such penalty has been paid. All
 penalties collected by the department pursuant to the provisions of this
 section  shall  be  the property of the state and shall be paid into the
 general fund of the state treasury.
   (3) Effect of rehabilitation program. No period of revocation  arising
 out  of this section may be set aside by the commissioner for the reason
 that such person was a participant in the  alcohol  and  drug  rehabili-
 tation  program  set  forth in section eleven hundred ninety-six of this
 article.
   (e) Regulations. The commissioner  shall  promulgate  such  rules  and
 regulations as may be necessary to effectuate the provisions of subdivi-
 sions one and two of this section.
   (f) Evidence. Evidence of a refusal to submit to such chemical test or
 any  portion  thereof  shall  be  admissible in any trial, proceeding or
 hearing based upon a violation  of  the  provisions  of  section  eleven
 hundred  ninety-two  of  this  article  but only upon a showing that the
 person was given sufficient warning, in clear and unequivocal  language,
 of  the  effect  of  such  refusal  and that the person persisted in the
 refusal.
   (g) Results. Upon the request  of  the  person  who  was  tested,  the
 results of such test shall be made available to such person.
   3.  Compulsory  chemical  tests.  (a)  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  alcoholic  and/or  drug
 content  of the blood when a court order for such chemical test has been
 issued in accordance with the provisions of this subdivision.
   (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

 A. 968                              7
 
   b.  a  breath  test OR SALIVA SWAB administered by a police officer in
 accordance with paragraph (b) of subdivision one of this  section  indi-
 cates  [that] THE CONSUMPTION OF alcohol [has been consumed] OR DRUGS by
 such person; OR A POLICE OFFICER TRAINED AND CERTIFIED AS A DRUG  RECOG-
 NITION EXPERT OR A POLICE OFFICER WHO HAS COMPLETED TRAINING PURSUANT TO
 THE  FEDERAL  ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT PROGRAM HAS
 REASON TO BELIEVE THAT SUCH PERSON IS UNDER THE INFLUENCE  OF  DRUGS  OR
 THE COMBINED INFLUENCE OF DRUGS AND ALCOHOL; and
   (3) such person has been placed under lawful arrest; and
   (4)  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.
   (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 DRUGS OR DRUG PARAPHERNALIA; OR an open container containing an alco-
 holic  beverage  in  or  around  the vehicle driven by the operator; any
 other evidence surrounding the circumstances of the incident which indi-
 cates 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.
   (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.

 A. 968                              8

   (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.
   (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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.