senate Bill S562

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1267
committee discharged and committed to rules
Jan 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation

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S562 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง603-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S1091

S562 - Bill Texts

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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.

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BILL NUMBER:S562

TITLE OF BILL:
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

PURPOSE:
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.

JUSTIFICATION:
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.

LEGISLATIVE HISTORY:
01/09/08 REFERRED TO TRANSPORTATION

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

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                    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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