|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 05, 2014||referred to transportation|
delivered to assembly
|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
|Jun 10, 2013||ordered to third reading cal.1189|
committee discharged and committed to rules
|Feb 14, 2013||referred to transportation|
senate Bill S3769
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3769 - Details
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
BILL NUMBER:S3769 TITLE OF BILL: 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 PURPOSE: 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. SUMMARY OF PROVISIONS: Subdivision 1 of section 603-a of the vehicle and traffic law is amended by adding paragraph (b) requiring an investigation of an accident scene to include the administration of field sobriety and a chemical test of blood alcohol level to all motor vehicle drivers involved in such accident. JUSTIFICATION: Oftentimes when an automobile accident occurs and there is resulting serious physical injury, or even death, no test of blood alcohol level is conducted. This can be very disconcerting for the victim(s) and/or the victims' family who are left with many lingering unanswered questions about the cause of the accident which caused serious physical injury or death to a loved one -- and no recourse. Not only does this create unending emotional pain for many innocent people, but the integrity of the investigation is forever under a cloud of doubt.
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
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