assembly Bill A8560A

2013-2014 Legislative Session

Enacts Ruby's Law providing for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.548
rules report cal.548
reported
reported referred to rules
Jun 18, 2014 reference changed to codes
Jun 05, 2014 print number 8560a
Jun 05, 2014 amend and recommit to transportation
Jan 22, 2014 referred to transportation

Co-Sponsors

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Multi-Sponsors

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A8560 - Details

Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§603-a & §1194, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7890

A8560 - Summary

Enacts Ruby's Law providing for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

A8560 - Bill Text download pdf

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

                                  8560

                          I N  A S S E M B L Y

                            January 22, 2014
                               ___________

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

AN  ACT  to  amend the vehicle and traffic law, in relation to mandatory
  testing in the event of a motor vehicle collision resulting in  injury
  or death

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

  Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 2  of
section  1194  of the vehicle and traffic law, as amended by chapter 196
of the laws of 1996, are amended and a new subparagraph 2-a is added  to
read as follows:
  (1)  having  reasonable  grounds  to  believe such person to have been
operating in violation of any  subdivision  of  section  eleven  hundred
ninety-two  of  this  article and within two hours after such person has
been placed under arrest for any such violation;  or  having  reasonable
grounds  to  believe  such person to have been operating in violation of
section eleven hundred ninety-two-a of this article and within two hours
after the stop of such person for any such violation, OR
  (2) within two hours after a breath test, as provided in paragraph (b)
of subdivision one of this section,  indicates  that  alcohol  has  been
consumed by such person and in accordance with the rules and regulations
established by the police force of which the officer is a member[;], OR
  (2-A)  HAVING  REASONABLE  GROUNDS TO BELIEVE SUCH PERSON TO HAVE BEEN
OPERATING A MOTOR VEHICLE IN A MANNER THAT CAUSES SERIOUS PHYSICAL INJU-
RY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW TO,  OR  THE  DEATH  OF,
ANOTHER  PERSON AND WITHIN TWO HOURS AFTER SUCH OPERATION WHICH RESULTED
IN SUCH SERIOUS PHYSICAL INJURY OR DEATH, OR
  S 2. 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:
  3.  Compulsory chemical tests. (a) [Court] MANDATORY AND COURT ordered
chemical tests.  Notwithstanding the provisions of  subdivision  two  of
this  section,  no person who operates a motor vehicle in this state may
refuse to submit to a chemical test of one or  more  of  the  following:
breath, blood, urine or saliva, for the purpose of determining the alco-

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

Co-Sponsors

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Multi-Sponsors

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A8560A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§603-a & §1194, V & T L
Versions Introduced in 2015-2016 Legislative Session:
A7890

A8560A (ACTIVE) - Summary

Enacts Ruby's Law providing for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

A8560A (ACTIVE) - Bill Text download pdf

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

                                 8560--A

                          I N  A S S E M B L Y

                            January 22, 2014
                               ___________

Introduced  by M. of A. BENEDETTO, MAYER, CLARK, JAFFEE, CROUCH, WALTER,
  CERETTO, RAIA, KEARNS, GOODELL, GALEF -- Multi-Sponsored by --  M.  of
  A.  DUPREY,  McDONOUGH,  McKEVITT,  McLAUGHLIN, SCHIMEL, WEISENBERG --
  read once and referred to the Committee 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  mandatory
  testing  in the event of a motor vehicle collision resulting in injury
  or death

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

  Section 1. This act shall be known and may be cited as "Ruby's Law."
  S 2. 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) WHEN PRESENT AT THE SCENE  OF  SUCH  ACCIDENT,  THE  INVESTIGATING
OFFICER SHALL ALSO REQUEST THAT ALL OPERATORS OF MOTOR VEHICLES INVOLVED
IN  SUCH  ACCIDENT SUBMIT TO A FIELD SOBRIETY TEST AS DEFINED IN SECTION
ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER PROVIDED THERE ARE REASONABLE
GROUNDS TO BELIEVE SUCH MOTOR VEHICLE OPERATOR COMMITTED A SERIOUS TRAF-

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

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