Assembly Bill A3858

2013-2014 Legislative Session

Establishes a statewide toll-free office of court administration hotline for use by police officers seeking court orders to compel persons to submit to a blood test

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A3858 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, add §1194-b, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9473
2011-2012: A3058
2015-2016: A1545
2017-2018: A1761
2019-2020: A2596
2021-2022: A1683
2023-2024: A3204

2013-A3858 (ACTIVE) - Summary

Establishes a statewide toll-free office of court administration hotline for use by police officers seeking court orders to compel persons to submit to a blood test.

2013-A3858 (ACTIVE) - Bill Text download pdf

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

                                  3858

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  a statewide toll-free office of court administration hotline  for  use
  by police officers seeking court orders to compel persons to submit to
  a blood test

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Vionique Valnord's law".
  S 2. Paragraph (d) of subdivision 3 of section 1194 of the vehicle and
traffic  law,  as added by chapter 47 of the laws of 1988, is amended to
read as follows:
  (d) Court order; procedure. (1) An application for a  court  order  to
compel submission to a chemical test or any portion thereof, may be made
to any supreme court justice, county court judge or district court judge
in the judicial district in which the incident occurred, or if the inci-
dent  occurred  in the city of New York before any supreme court justice
or judge of the criminal court of the city of New York. Such application
may be communicated by telephone, radio or  other  means  of  electronic
communication, or in person.
  (2)  The  applicant  must provide identification by name and title and
must state the purpose of the communication. Upon being advised that  an
application for a court order to compel submission to a chemical test is
being made, the court shall place under oath the applicant and any other
person  providing  information in support of the application as provided
in subparagraph three of this paragraph. After being sworn the applicant
must state that the person from whom the chemical test was requested was
the operator of a motor vehicle and in the course of  such  operation  a
person,  other  than  the operator, has been killed or seriously injured
and, based upon the totality of circumstances, there is reasonable cause

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07683-01-3
              

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