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Assembly Bill A10497

2011-2012 Legislative Session

Relates to impairment testing in traffic accidents where serious bodily injury or death has occurred

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Archive: Last Bill Status - In Assembly Committee

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2011-A10497 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1194-b, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A1590
2015-2016: A3869

2011-A10497 (ACTIVE) - Summary

Relates to implementing impairment testing in traffic accidents where serious bodily injury or death has occurred.

2011-A10497 (ACTIVE) - Bill Text download pdf 

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

                                  10497

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to implementing
  impairment testing in traffic accidents where serious bodily injury or
  death has occurred

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1194-b to read as follows:
  S  1194-B. IMPAIRMENT TESTING IN FATAL OR SERIOUS COLLISIONS. 1.  IF A
LAW ENFORCEMENT OFFICER HAS REASONABLE  CAUSE,  AS  DEFINED  IN  SECTION
70.10 OF THE CRIMINAL PROCEDURE LAW, TO BELIEVE THAT AN INDIVIDUAL OPER-
ATED  A MOTOR VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND CAUSED
OR CONTRIBUTED TO AN ACCIDENT WHICH RESULTED IN  THE  DEATH  OR  SERIOUS
BODILY  INJURY  TO ANOTHER INDIVIDUAL, THE LAW ENFORCEMENT OFFICER SHALL
REQUEST SUCH INDIVIDUAL SUBMIT TO DRUG AND  ALCOHOL  SUBSTANCE  TESTING.
SUCH  TESTING  SHALL BE FOR THE SOLE PURPOSE OF DETERMINING THE PRESENCE
OF ANY IMPAIRING SUBSTANCES AT THE TIME OF THE ACCIDENT.
  2. SUCH TESTING SHALL BE  CONDUCTED  AND  PERFORMED  IN  A  REASONABLE
MANNER UTILIZING THE STANDARD PROTOCOLS UNDER THE NATIONAL HIGHWAY TRAF-
FIC  SAFETY ADMINISTRATION MANUAL, SECTION ELEVEN HUNDRED NINETY-FOUR OF
THIS ARTICLE AND ANY OTHER APPLICABLE STATE LAWS AND REGULATIONS.
  3. ANY INDIVIDUAL REFUSING TO SUBMIT TO  DRUG  AND  ALCOHOL  SUBSTANCE
TESTING IF REQUESTED SHALL HAVE THEIR LICENSE SUSPENDED FOR A MINIMUM OF
SIX  MONTHS  PRIOR  TO  A  DEPARTMENT  OF MOTOR VEHICLES REFUSAL HEARING
BEFORE AN ADMINISTRATIVE LAW JUDGE.
  4. REFUSAL TO SUBMIT  TO  DRUG  AND  ALCOHOL  SUBSTANCE  TESTING  WHEN
REQUESTED MAY BE USED AS EVIDENCE AGAINST AN INDIVIDUAL AT TRIAL.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14009-03-2

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