senate Bill S7548

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 12, 2014 referred to transportation
delivered to assembly
passed senate
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

Co-Sponsors

S7548 - Details

See Assembly Version of this Bill:
A8006A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194-a, V & T L
Versions Introduced in 2013-2014 Legislative Session:
A8006

S7548 - Summary

Relates to saliva swabs and chemical tests in certain cases.

S7548 - Sponsor Memo

S7548 - 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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