Senate Bill S825

                                 BILL NUMBER:  S825

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to permitting
Triborough bridge and tunnel authority officers to administer
alco-sensor tests in certain cases


 PURPOSE OF BILL :
To authorize peace officers of the Triborough Bridge and Tunnel
Authority to administer breath screening tests when a motor vehicle
accident occurs on Authority property.

 SUMMARY OF PROVISIONS :
Amends Subdivision 1 of Section 1194 of the Vehicle and Traffic Law to
require that every person operating a motor vehicle which has been
involved in a motor vehicle accident on a site owned and operated by
the Triborough Bridge and Tunnel Authority shall, at the request of
the various officers holding peace officer status, submit to a breath
screening test for the purpose of determining if such person has
consumed alcohol, when such officer holding peace officer status has
reasonable grounds to believe that such person has been operating a
motor vehicle in violation of any subdivision of section eleven
hundred ninety-two of the VTL. If the screening test indicates that
alcohol has been consumed, the officer shall transfer custody of such
person to a police officer for the purposes of requiring such person
              

to submit to a chemical test of the person's blood, breath, urine, or
saliva for the purpose of determining whether such person was
intoxicated.  The measure also amends Section 553 of the Public
Authorities Law to provide for the establishment of a training program
to instruct Triborough Bridge and Tunnel Authority Officers in the use
of breath screening equipment.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Currently only police officers may administer a breath screening test.

 JUSTIFICATION :
Subdivision 1(b) of Section 1194 of the VTL authorizes police officers
to administer breath screening tests to any driver involved in an
accident or who has violated any provision of the VTL.  This measure
will extend that authorization to the peace officers of the Triborough
Bridge and Tunnel Authority when an accident occurs on Authority
property. Many times when an accident occurs on a TBTA bridge or in a
TBTA tunnel the first law enforcement personnel on the scene are the
peace officers of the TBTA. Much valuable time often passes before a
police officer reaches the scene, and, in some other cases, the
accident may not necessitate the presence of a police officer.
Nevertheless, there may be sufficient significant indications that one
or more of the drivers involved evidence signs of intoxication. It is
imperative that those peace officers on the scene have the authority
to administer breath tests in such cases, and, upon evidence of
intoxication, transfer custody of the suspect to a police officer for
further proceeding and testing.

 FISCAL IMPLICATIONS :
For state and local governments, none. The cost will be part of the
TBTA annual budget.

 EFFECTIVE DATE :
This bill shall take effect on January 1st of next year.