senate Bill S3769

2013-2014 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2014 referred to transportation
delivered to assembly
passed senate
Mar 13, 2014 advanced to third reading
Mar 12, 2014 2nd report cal.
Mar 11, 2014 1st report cal.273
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Jun 11, 2013 referred to transportation
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1189
committee discharged and committed to rules
Feb 14, 2013 referred to transportation

Votes

view votes

Mar 11, 2014 - Transportation committee Vote

S3769
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jun 10, 2013 - Rules committee Vote

S3769
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S3769 - Details

See Assembly Version of this Bill:
A9551
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง603-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S562, A1895
2009-2010: S1091, A2092

S3769 - Summary

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.

S3769 - Sponsor Memo

S3769 - Bill Text download pdf

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

                                  3769

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

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
SECTION ELEVEN HUNDRED NINETY-FOUR  OF  THIS  CHAPTER.  THE  REFUSAL  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08607-01-3