senate Bill S1961

2015-2016 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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2016 referred to transportation
delivered to assembly
passed senate
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
May 04, 2016 1st report cal.647
Jan 06, 2016 referred to transportation
returned to senate
died in assembly
Apr 28, 2015 referred to transportation
delivered to assembly
passed senate
Mar 12, 2015 advanced to third reading
Mar 11, 2015 2nd report cal.
Mar 10, 2015 1st report cal.218
Jan 15, 2015 referred to transportation

Votes

view votes

May 4, 2016 - Transportation committee Vote

S1961
16
1
committee
16
Aye
1
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: May 4, 2016

nay (1)
excused (2)

Mar 10, 2015 - Transportation committee Vote

S1961
17
1
committee
17
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Mar 10, 2015

nay (1)
aye wr (1)

S1961 (ACTIVE) - Details

See Assembly Version of this Bill:
A4736
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7548, A8006
2017-2018: S364, A2530
2019-2020: S321, A968

S1961 (ACTIVE) - Summary

Relates to saliva swabs and chemical tests in certain cases.

S1961 (ACTIVE) - Sponsor Memo

S1961 (ACTIVE) - Bill Text download pdf

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

                                  1961

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07365-01-5

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