|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2014||referred to transportation|
delivered to assembly
|Jun 10, 2014||advanced to third reading|
|Jun 09, 2014||2nd report cal.|
|Jun 03, 2014||1st report cal.1186|
|May 15, 2014||referred to transportation|
senate Bill S7548
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7548 (ACTIVE) - Details
S7548 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7548 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to saliva swabs and chemical tests in certain cases PURPOSE OF THE BILL: To utilize recent developments in the detection of drugs and other chemical substances to assist in holding impaired drivers responsible for serious motor vehicle crashes resulting in the death or serious physical injury of a third party or parties. SUMMARY OF SPECIFIC PROVISIONS: Amends subdivisions 1 and 2 of § 1194 of the Vehicle and Traffic Law (VTL) to place the use of saliva swabs for the detection of drugs on a par with roadside breath tests for alcohol as an accepted field test and the basis for establishing reasonable cause that a person was driving while under the influence of drugs or combined drugs and alcohol. Amends subdivision 3 of VTL 1194 relating to compulsory chemical tests, to allow the following to be permissible in establishing grounds for a court-ordered compulsory chemical or blood test in cases where a person is involved in a crash resulting in the death or serious physical injury of a third party: (1) A saliva swab indicates the consumption of drugs; or (2) A police officer trained and certified as a "Drug Recognition Expert" or trained and certified under NHTSA's A-Ride program has reason to believe that such person is under the influence of drugs or
S7548 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7548 I N S E N A T E May 15, 2014 ___________ 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 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. 2. Chemical tests. (a) When authorized. Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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