Do you support this bill?

Assembly Bill A2685

2015-2016 Legislative Session

Requires a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2015-A2685 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1194, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2573
2011-2012: A2853
2013-2014: A3934
2017-2018: A1008
2019-2020: A3126
2021-2022: A1536
2023-2024: A831
2025-2026: A6831

2015-A2685 (ACTIVE) - Summary

Requires court-ordered blood alcohol content testing for all drivers involved in fatal and serious physical injury accidents where there is a reasonable cause to believe an alcohol-related offense has been committed; provides exception when seeking court order would unduly interfere with emergency medical assistance or other necessary services at incident scene.

2015-A2685 (ACTIVE) - Bill Text download pdf 

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

                                  2685

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the applica-
  tion for court orders for compulsory chemical tests to determine blood
  alcohol content

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of 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:
  Upon refusal by any person to submit to a chemical 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  thir-
ty-two  of  section  1.20  of  the criminal procedure law, [requests and
obtains] SHALL REQUEST 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] IF SUCH POLICE OFFICER OR DISTRICT ATTORNEY
FINDS THAT THERE EXISTS reasonable cause to believe that:
  S 2. Subdivision 3 of section 1194 of the vehicle and traffic  law  is
amended by adding a new paragraph (f) to read as follows:
  (F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION,  A  POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST A COURT
ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH  REQUEST  WOULD
IMPAIR  THE  ABILITY  TO  ADDRESS MEDICAL NEEDS OR OTHER EXIGENT CIRCUM-
STANCES AT THE SCENE OF AN INCIDENT.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.