senate Bill S757

2013-2014 Legislative Session

Relates to compulsory chemical testing

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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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view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2013 referred to transportation
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1085
Jan 09, 2013 referred to transportation


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S757 - Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1194, V & T L
Versions Introduced in 2011-2012 Legislative Session:

S757 - Summary

Relates to compulsory chemical testing.

S757 - Sponsor Memo

S757 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

Introduced  by  Sens.  FUSCHILLO,  LARKIN,  LAVALLE, RANZENHOFER -- 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 compulsory
  chemical tests


  Section  1.    Paragraph  (b)  of subdivision 3 of section 1194 of the
vehicle and traffic law, as added by chapter 47 of the laws of 1988,  is
amended to read as follows:
  (b)  When authorized. Upon refusal by any person to submit to a chemi-
cal test or any portion thereof as described above, the test  shall  not
be  given  unless a police officer or a district attorney, as defined in
subdivision thirty-two of section 1.20 of the  criminal  procedure  law,
requests  and  obtains  a  court order to compel a person to submit to a
chemical test to determine the alcoholic or drug content of the person's
blood upon a finding of reasonable cause to believe that:
  (1) [such person was the operator of a motor vehicle and in the course
of such operation a  person  other  than  the  operator  was  killed  or
suffered  serious  physical  injury  as  defined in section 10.00 of the
penal law; and
  (2)] a. either such person operated the vehicle in  violation  of  any
subdivision of section eleven hundred ninety-two of this article, or
  b.  a  breath test administered by a police officer in accordance with
paragraph (b) of subdivision one of this section indicates that  alcohol
has been consumed by such person; and
  [(3)] (2) such person has been placed under lawful arrest; and
  [(4)]  (3) such person has refused to submit to a chemical test or any
portion thereof, requested in accordance with the  provisions  of  para-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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