S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6461
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  chemical
   tests for the purpose of determining the alcoholic and/or drug content
   of the blood

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph 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, is amended to read as follows:
   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 direction  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  offi-
 cer  PROVIDED, HOWEVER, THAT A POLICE OFFICER SHALL, AFTER AN ORAL AND A
 WRITTEN EXPLANATION IN THE PREFERRED  LANGUAGE  OF  THE  DRIVER,  BY  AN
 INTERPRETER  IF  NECESSARY,  OF THE CONSEQUENCES OF REFUSAL TO TAKE SUCH
 TEST:
   § 2. Subparagraphs 1 and 2 of paragraph b of subdivision 2 of  section
 1194  of the vehicle and traffic law, subparagraph 1 as amended by chap-
 ter 489 of the laws of 2017, clause (A) of subparagraph 1  and  subpara-
 graph  2  as  amended  by chapter 27 of the laws of 2018, are amended to
 read as follows:
   (1) If: (A) such person having been placed under arrest; or (B)  after
 a  breath test indicates 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10915-03-3
              

 S. 6461                             2
 
 eleven  hundred ninety-two-a of this article; and having thereafter been
 requested to submit to such chemical test and having been informed, BOTH
 ORALLY AND IN WRITING IN SUCH  PERSON'S  PREFERRED  LANGUAGE,  that  the
 person's license or permit to drive and any non-resident operating priv-
 ilege  shall  be immediately suspended and subsequently revoked, or, for
 operators under the age of twenty-one  for  whom  there  are  reasonable
 grounds to believe that 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 there-
 of, 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 immediately made by the police officer before whom
 such refusal was made. Such report may be verified by having the  report
 sworn  to, or by affixing to such report a form notice that false state-
 ments 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 AFTER BEING INFORMED BOTH ORALLY AND IN WRITING OF THE CONSEQUENCES
 OF SUCH REFUSAL, 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  subpara-
 graph 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. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.