Assembly Bill A77

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A77 (ACTIVE) - Details

See Senate Version of this Bill:
S844
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: A2092, S1091
2011-2012: A1895, S562
2013-2014: A9551, S3769
2017-2018: A1192, A8977, S1012
2019-2020: A542

2015-A77 (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.

2015-A77 (ACTIVE) - Bill Text download pdf

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

                                   77

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, McDONOUGH -- read once and referred
  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

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

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