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Senate Bill S6242

2009-2010 Legislative Session

Requires that any persons operating a motor vehicle involved in an accident be subjected to mandatory breath and chemical testing

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S6242 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1194, V & T L

2009-S6242 (ACTIVE) - Summary

Requires that any persons operating a motor vehicle involved in an accident be subjected to mandatory breath and chemical testing.

2009-S6242 (ACTIVE) - Sponsor Memo

2009-S6242 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6242

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 23, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- 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  requiring
  that  any persons operating a motor vehicle involved in an accident be
  subjected to mandatory breath and chemical testing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Marky's Law".
  S 2. Paragraph (b) of subdivision 1 and subparagraphs 1 and 2 of para-
graph  (a)  of  subdivision 2 of section 1194 of the vehicle and traffic
law, paragraph (b) of subdivision 1 as added by chapter 47 of  the  laws
of  1988  and subparagraphs 1 and 2 of paragraph (a) of subdivision 2 as
amended by chapter 196 of the laws of  1996,  are  amended  to  read  as
follows:
  (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 to be administered by the police officer AT
THE  SCENE  OF  SUCH  ACCIDENT OR COLLISION. If such test indicates that
such operator has consumed  alcohol,  the  police  officer  [may]  SHALL
request  such  operator  to  submit to a chemical test in the manner set
forth in subdivision two of this section.
  (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] ONE  HOUR  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] ONE HOUR after the stop of such person for  any  such
violation,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14858-01-9

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