S T A T E O F N E W Y O R K
________________________________________________________________________
2573
2009-2010 Regular Sessions
I N A S S E M B L Y
January 20, 2009
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Introduced by M. of A. PRETLOW, CLARK, CARROZZA, GALEF -- Multi-Spon-
sored by -- M. of A. DIAZ, ENGLEBRIGHT, JOHN, MAYERSOHN -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the applica-
tion for court orders for compulsory chemical tests to determine blood
alcohol content
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 (b) of subdivision 3 of
section 1194 of the vehicle and traffic law, as added by chapter 47 of
the laws of 1988, is amended to read as follows:
Upon refusal by any person to submit to a chemical 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 thir-
ty-two of section 1.20 of the criminal procedure law, [requests and
obtains] SHALL REQUEST 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] IF SUCH POLICE OFFICER OR DISTRICT ATTORNEY
FINDS THAT THERE EXISTS reasonable cause to believe that:
S 2. Subdivision 3 of section 1194 of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
(F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION, A POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST A COURT
ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH REQUEST WOULD
IMPAIR THE ABILITY TO ADDRESS MEDICAL NEEDS OR OTHER EXIGENT CIRCUM-
STANCES AT THE SCENE OF AN INCIDENT.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05551-01-9