assembly Bill A8006A

2013-2014 Legislative Session

Relates to saliva swabs and chemical tests in certain cases

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Oct 18, 2013 print number 8006a
Oct 18, 2013 amend and recommit to transportation
Jun 14, 2013 referred to transportation

A8006 - Details

See Senate Version of this Bill:
S7548
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194-a, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4736, S1961
2017-2018: A2530, S364
2019-2020: A968, S321

A8006 - Summary

Relates to saliva swabs and chemical tests in certain cases.

A8006 - Bill Text download pdf

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

                                  8006

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to saliva swabs
  and chemical tests in certain cases

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

  Section  1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and
traffic law, as added by chapter 47 of the laws of 1988, paragraphs  (a)
and  (b) of subdivision 2 as amended by chapter 196 of the laws of 1996,
subparagraphs 1 and 2 of paragraph (d) of subdivision 2  as  amended  by
chapter  732  of the laws of 2006 and item (iii) of clause c of subpara-
graph 1 of paragraph (d) of subdivision 2 as amended by  section  37  of
part  LL  of  chapter  56  of  the  laws of 2010, are amended to read as
follows:
  1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
provisions  of  section  140.10  of the criminal procedure law, a police
officer may, without a warrant, arrest a person, in case of a  violation
of subdivision one of section eleven hundred ninety-two of this article,
if such violation is coupled with an accident or collision in which such
person  is involved, which in fact has been committed, though not in the
police officer's presence, when the  officer  has  reasonable  cause  to
believe that the violation was committed by such person.
  (b)  Field  testing.  Every person operating a motor vehicle which has
been involved in an accident or which is operated in violation of any of
the provisions of this chapter shall, at the request of a  police  offi-
cer,  submit  to  a breath test AND/OR SALIVA SWAB to be administered by
the police officer. If EITHER such test indicates that such operator has
consumed alcohol OR IS UNDER THE INFLUENCE OF A DRUG OR DRUGS, OR  BOTH,
the  police  officer  may  request such operator to submit to a chemical
test in the manner set forth in subdivision two of this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10975-01-3

A8006A (ACTIVE) - Details

See Senate Version of this Bill:
S7548
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194-a, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4736, S1961
2017-2018: A2530, S364
2019-2020: A968, S321

A8006A (ACTIVE) - Summary

Relates to saliva swabs and chemical tests in certain cases.

A8006A (ACTIVE) - Bill Text download pdf

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

                                 8006--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Transportation -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to saliva swabs
  and chemical tests in certain cases

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

  Section 1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle  and
traffic  law, as added by chapter 47 of the laws of 1988, paragraphs (a)
and (b) of subdivision 2 as amended by chapter 196 of the laws of  1996,
subparagraphs  1  and  2 of paragraph (d) of subdivision 2 as amended by
chapter 732 of the laws of 2006 and item (iii) of clause c  of  subpara-
graph  1  of  paragraph (d) of subdivision 2 as amended by section 37 of
part LL of chapter 56 of the laws  of  2010,  are  amended  to  read  as
follows:
  1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
provisions of section 140.10 of the criminal  procedure  law,  a  police
officer  may, without a warrant, arrest a person, in case of a violation
of subdivision one of section eleven hundred ninety-two of this article,
if such violation is coupled with an accident or collision in which such
person is involved, which in fact has been committed, though not in  the
police  officer's  presence,  when  the  officer has reasonable cause to
believe that the violation was committed by such person.
  (b) Field testing. Every person operating a motor  vehicle  which  has
been involved in an accident or which is operated in violation of any of
the  provisions  of this chapter shall, at the request of a police offi-
cer, submit to a breath test AND/OR SALIVA SWAB to  be  administered  by
the police officer. If EITHER such test indicates that such operator has
consumed  alcohol OR IS UNDER THE INFLUENCE OF A DRUG OR DRUGS, OR BOTH,
the police officer may request such operator to  submit  to  a  chemical
test in the manner set forth in subdivision two of this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10975-04-3

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