senate Bill S5345

2013-2014 Legislative Session

Relates to saliva swabs and chemical tests in certain cases

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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2013 referred to transportation
delivered to assembly
passed senate
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.834
May 16, 2013 referred to transportation

S5345 - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L

S5345 - Summary

Relates to saliva swabs and chemical tests in certain cases.

S5345 - Sponsor Memo

S5345 - Bill Text download pdf

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

                                  5345

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- 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 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

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