|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 18, 2012||
referred to transportation
delivered to assembly
ordered to third reading cal.1267
committee discharged and committed to rules
|Jan 04, 2012||
referred to transportation
|Jan 05, 2011||
referred to transportation
senate Bill S562
Requires investigating officers to field test and test blood alcohol levels of all drivers involved in auto accidents where serious physical injury or death occur
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
Jun 18, 2012 - floor VoteS562551floor55Aye1Nay0Absent6Excused0Abstained
show floor vote details
Floor Vote: Jun 18, 2012aye (55)
Jun 18, 2012 - Rules committee VoteS562230committee23Aye0Nay0Aye with Reservations0Absent2Excused0Abstained
- show floor vote details
S562 - Bill Details
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §603-a, V & T L
- Versions Introduced in 2009-2010 Legislative Session:
S562 - Bill Texts
Requires investigating officers to field test and test blood alcohol levels of all drivers involved in auto accidents where serious physical injury or death occur; imposes rebuttable presumption of guilt for refusals; requires hospital to conduct such test where trauma/injury is considered too severe.
view sponsor memo
TITLE OF BILL:
to amend the vehicle and traffic law, in relation to requiring
breathalyzer tests of drivers involved in accidents causing serious
injury or death
Requires investigating officers to field test and test blood alcohol
levels of all drivers involved in auto accidents where serious
physical injury or death occur.
SUMMARY OF PROVISIONS:
Subdivision 1 of section 603-a of the vehicle and traffic law is
amended by adding paragraph (b) requiring an investigation of an
accident scene to include the administration of field sobriety and a
chemical test of blood alcohol level to all motor vehicle drivers
involved in such accident.
Oftentimes when an automobile accident occurs and there is resulting
serious physical injury, or even death, no test of blood alcohol
level is conducted. This can be very disconcerting for the victim(s)
and/or the victims' family who are left with many lingering
unanswered questions about the cause of the accident which caused
serious physical injury or death to a loved one -- and no recourse.
Not only does this create unending emotional pain for many innocent
people, but the integrity of the investigation is forever under a
cloud of doubt.
By requiring the testing of the blood alcohol level -after an auto
accident which causes serious physical injury or death many
tormenting doubts would be alleviated and the validity of the
Investigation would be intact.
01/09/08 REFERRED TO TRANSPORTATION
This act shall take effect on the thirtieth day after it shall have
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 562 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. ROBACH -- 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 requiring breathalyzer tests of drivers involved in accidents causing serious physical injury or death THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 603-a of the vehicle and traffic law, as added by chapter 408 of the laws of 2001, is amended to read as follows: 1. In addition to the requirements of section six hundred three of this article, whenever a motor vehicle accident results in serious phys- ical injury or death to a person, and such accident either is discovered by a police officer, or reported to a police officer within five days after such accident occurred, the police shall conduct an investigation of such accident. (A) Such investigation shall be conducted for the purposes of making a determination of the following: the facts and circumstances of the acci- dent; the type or types of vehicles involved, including passenger motor vehicles, commercial motor vehicles, motorcycles, limited use motorcy- cles, off-highway motorcycles, and/or bicycles; whether pedestrians were involved; the contributing factor or factors; whether it can be deter- mined if a violation or violations of this chapter occurred, and if so, the specific provisions of this chapter which were violated and by whom; and, the cause of such accident, where such cause can be determined. (B) SUCH INVESTIGATION OF AN ACCIDENT SCENE SHALL ALSO INCLUDE THE ADMINISTRATION OF FIELD SOBRIETY AND A CHEMICAL TEST OF BLOOD ALCOHOL LEVEL TO ALL MOTOR VEHICLE DRIVERS INVOLVED IN SUCH ACCIDENT. THE INVES- TIGATING POLICE OFFICERS MUST INFORM THE DRIVERS OF SUCH TESTING REQUIREMENTS AND CONDUCT THEM IN ACCORDANCE WITH THE PROVISIONS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01987-01-1 S. 562 2 SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER. THE REFUSAL TO SUBMIT TO SUCH TESTING SHALL CONSTITUTE A REBUTTABLE PRESUMPTION OF GUILT AND SUCH REFUSAL SHALL BE DOCUMENTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER. IF PHYSICAL INJURIES DO NOT PERMIT SUCH CHEMICAL TESTING AT THE ACCIDENT SCENE, SUCH TESTS MUST BE ADMINISTERED AT THE HOSPITAL. THE RESULTS OF SUCH FIELD SOBRIETY AND CHEMICAL TESTS OR REFUSALS OF SUCH TESTS SHALL BE INCLUDED IN THE POLICE INVESTIGATION REPORT. (C) The police shall forward a copy of the investigation report to the commissioner within five business days of the completion of such report. S 2. Paragraphs (a) and (b) of subdivision 2 of section 603-a of the vehicle and traffic law, as added by chapter 408 of the laws of 2001, are amended, and two new paragraphs (c) and (d) are added to read as follows: (a) "commercial motor vehicle" shall have the same meaning as such term is defined in either subdivision four of section five hundred one-a or subdivision one of section five hundred nine-p of this chapter; [and] (b) "serious physical injury" shall have the same meaning as such term is defined in section 10.00 of the penal law[.]; (C) "FIELD SOBRIETY TESTING" SHALL HAVE THE SAME MEANING AS "FIELD TEST" OR "BREATH TEST" PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER; AND (D) "CHEMICAL TEST" OF BLOOD ALCOHOL LEVEL SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER. S 3. This act shall take effect on the thirtieth day after it shall have become a law.
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