NY State Senate Bill 2023-S8326B

Senate Bill S8326B

2023-2024 Legislative Session

Directs the commissioner of the division of criminal justice services to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies

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Archive: Last Bill Status - In Senate Committee Health 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 31, 2024	print number 8326b
May 31, 2024	amend (t) and recommit to health
May 30, 2024	print number 8326a
May 30, 2024	amend (t) and recommit to health
Jan 18, 2024	referred to health

Bill Amendments

Original

B (Active)

2023-S8326 - Details

See Assembly Version of this Bill:: A189
Current Committee:: Senate Health
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8762
2021-2022: A2613
2025-2026: S3630, A2529

2023-S8326 - Summary

Directs the commissioner of the division of criminal justice services to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies.

2023-S8326 - Sponsor Memo

                                 
BILL NUMBER: S8326

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act directing the commissioner of health to study the effectiveness
and accuracy of devices used to estimate blood alcohol content by law
enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the commissioner of health to study the effectiveness and accu-
racy of devices used to estimate blood alcohol content by law enforce-
ment agencies.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes and directs the commissioner of health to study the
effectiveness and accuracy of devices used to estimate blood alcohol
content by law enforcement agencies.

Section 2 requires that the commissioner of health make a report to the

governor and the legislature of his or her findings, conclusions, and
recommendations no later than one year after the effective date of this
act and shall submit with this report such legislative proposals as it
deems necessary to implement its recommendations.

Section 3 sets the effective date.

 
JUSTIFICATION:

According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities such as, but not limited to
having used hand sanitizer before an examination. While field tests are
not court admissible, the devices used in police stations are and they
also have been found to be inaccurate. This legislation would require
the Commissioner of Health to conduct a study examining the validity and
reliability of these important tools used to secure convictions in cases
where a suspect is found to be under the influence of alcohol. In addi-
tion, this the findings of this study would help assure New Yorkers that
justice is being carried out impartially.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A8762-Passed Assembly

2021-22: A2613-Referred to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8326 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8326
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN  ACT  directing the commissioner of health to study the effectiveness
   and accuracy of devices used to estimate blood alcohol content by  law
   enforcement agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of health is authorized  and  directed  to
 study  the  effectiveness and accuracy of devices used to estimate blood
 alcohol content by law enforcement agencies. Such study  shall  include,
 but not be limited to:
   (a) which devices are used by law enforcement agencies;
   (b) the accuracy of devices used by law enforcement agencies;
   (c)  the margin of error for devices which are used by law enforcement
 agencies;
   (d) the likelihood of an inaccurate reading; and
   (e) any other related  information  that  the  commissioner  may  deem
 necessary or relevant in carrying out this study.
   §  2.  The  commissioner of health shall make a report to the governor
 and the legislature of his or her findings, conclusions and  recommenda-
 tions  no  later  than one year after the effective date of this act and
 shall submit with this report such legislative  proposals  as  it  deems
 necessary to implement its recommendations.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01663-01-3

2023-S8326A - Details

See Assembly Version of this Bill:: A189
Current Committee:: Senate Health
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8762
2021-2022: A2613
2025-2026: S3630, A2529

2023-S8326A - Summary

Directs the commissioner of the division of criminal justice services to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies.

2023-S8326A - Sponsor Memo

                                 
BILL NUMBER: S8326A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act directing the commissioner of criminal justice services to study
the effectiveness and accuracy of devices used to estimate blood alcohol
content by law enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the commissioner of criminal justice services to study the
effectiveness and accuracy of devices used to estimate blood alcohol
content by law enforcement agencies.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes and directs the commissioner of criminal justice
services to study the effectiveness and accuracy of devices used to
estimate blood alcohol content by law enforcement agencies.

Section 2 requires that the commissioner of criminal justice service

make a report to the governor and the legislature of his or her find-
ings, conclusions, and recommendations no later than one year after the
effective date of this act and shall submit with this report such legis-
lative proposals as it deems necessary to implement its recommendations.

Section 3 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities such as, but not limited to
having used hand sanitizer before an examination.  While field tests are
not court admissible, the devices used in police stations are and they
also have been found to be inaccurate.  This legislation would require
the Commissioner of Criminal Justice Services to conduct a study examin-
ing the validity and reliability of these important tools used to secure
convictions in cases where a suspect is found to be under the influence
of alcohol. In addition, this the findings of this study would help
assure New Yorkers that justice is being carried out impartially.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A8762-Passed Assembly

2021-22: A2613-Referred to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8326A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8326--A
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT directing the commissioner of criminal justice services to  study
   the effectiveness and accuracy of devices used to estimate blood alco-
   hol content by law enforcement agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of criminal justice services is authorized
 and directed to study the effectiveness and accuracy of devices used  to
 estimate  blood  alcohol content by law enforcement agencies. Such study
 shall include, but not be limited to:
   (a) which devices are used by law enforcement agencies;
   (b) the accuracy of devices used by law enforcement agencies;
   (c) the margin of error for devices which are used by law  enforcement
 agencies;
   (d) the likelihood of an inaccurate reading; and
   (e)  any  other  related  information  that such commissioner may deem
 necessary or relevant in carrying out this study.
   § 2. The commissioner of criminal justice services shall make a report
 to the governor and the legislature of their findings,  conclusions  and
 recommendations  no later than one year after the effective date of this
 act and shall submit with this report such legislative proposals  as  it
 deems necessary to implement its recommendations.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01663-03-4

2023-S8326B (ACTIVE) - Details

See Assembly Version of this Bill:: A189
Current Committee:: Senate Health
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8762
2021-2022: A2613
2025-2026: S3630, A2529

2023-S8326B (ACTIVE) - Summary

Directs the commissioner of the division of criminal justice services to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies.

2023-S8326B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8326B

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act directing the commissioner of the division of criminal justice
services to study the effectiveness and accuracy of devices used to
estimate blood alcohol content by law enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the commissioner of the division of criminal justice services to
study the effectiveness and accuracy of devices used to estimate blood
alcohol content by law enforcement agencies.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes and directs the commissioner of the division of
criminal justice services to study the effectiveness and accuracy of
devices used to estimate blood alcohol content by law enforcement agen-
cies.

Section 2 requires that the commissioner of the division of criminal
justice service make a report to the governor and the legislature of his
or her findings, conclusions, and recommendations no later than one year
after the effective date of this act and shall submit with this report
such legislative proposals as it deems necessary to implement its recom-
mendations.

Section 3 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities such as, but not limited to
having used hand sanitizer before an examination.  While field tests are
not court admissible, the devices used in police stations are and they
also have been found to be inaccurate.  This legislation would require
the Commissioner of "Criminal Justice Services to conduct a study exam-
ining the validity and reliability of these important tools used to
secure convictions in cases where a suspect is found to be under the
influence of alcohol. In addition, this the findings of this study would
help assure New Yorkers that justice is being carried out impartially.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A8762-Passed Assembly

2021-22: A2613-Referred to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8326B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8326--B
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  directing  the commissioner of the division of criminal justice
   services to study the effectiveness and accuracy of  devices  used  to
   estimate blood alcohol content by law enforcement agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  commissioner  of  the  division  of  criminal  justice
 services is authorized and directed to study the effectiveness and accu-
 racy  of  devices used to estimate blood alcohol content by law enforce-
 ment agencies. Such study shall include, but not be limited to:
   (a) which devices are used by law enforcement agencies;
   (b) the accuracy of devices used by law enforcement agencies;
   (c) the margin of error for devices which are used by law  enforcement
 agencies;
   (d) the likelihood of an inaccurate reading; and
   (e)  any  other  related  information  that such commissioner may deem
 necessary or relevant in carrying out this study.
   § 2. The commissioner of the division  of  criminal  justice  services
 shall  make  a report to the governor and the legislature of their find-
 ings, conclusions and recommendations no later than one year  after  the
 effective date of this act and shall submit with this report such legis-
 lative proposals as it deems necessary to implement its recommendations.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01663-05-4

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Senate Bill S8326B

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Sponsored By

Nathalia Fernandez

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2023-S8326 - Details

2023-S8326 - Summary

2023-S8326 - Sponsor Memo

2023-S8326 - Bill Text download pdf

2023-S8326A - Details

2023-S8326A - Summary

2023-S8326A - Sponsor Memo

2023-S8326A - Bill Text download pdf

2023-S8326B (ACTIVE) - Details

2023-S8326B (ACTIVE) - Summary

2023-S8326B (ACTIVE) - Sponsor Memo

2023-S8326B (ACTIVE) - Bill Text download pdf

Comments