| 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 |
senate Bill S3769
2013-2014 Legislative Session
Sponsored By
Joseph E. Robach
(R, C, IP) 56th Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Co-Sponsors
William J. Larkin, Jr.
(R, C) 0 Senate District
S3769 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9551
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd ยง603-a, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: S1091, A2092
2011-2012: S562, A1895
2015-2016: S844, A77
2017-2018: S1012, A1192, A8977
2019-2020: A542
S3769 (ACTIVE) - 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 (ACTIVE) - 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 (ACTIVE) - 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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