|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 24, 2016||referred to transportation|
delivered to assembly
|May 23, 2016||ordered to third reading cal.1007|
committee discharged and committed to rules
|Feb 12, 2016||referred to transportation|
senate Bill S6745
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6745 (ACTIVE) - Details
S6745 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6745 TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to mandatory testing in the event of a motor vehicle collision resulting in injury or death PURPOSE : To provide a mechanism for greater enforcement of driving while intoxicated and driving while ability impaired laws involving motor vehicle accidents. SUMMARY OF PROVISIONS : Section one of this bill adds a new subparagraph 2-a to paragraph (a) of subdivision 2 of section 1194 of the Vehicle and Traffic law such that there is implied consent for Blood-Alcohol Concentration (BAC) testing on a person when a there are reasonable grounds to believe that that person caused serious physical injury or death to another person while operating a vehicle. Section two of this bill amends subdivision 3 of section 1194 of the Vehicle and Traffic law to disallow people from refusing BAC testing in the situation where the person operated a motor vehicle causing the
S6745 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6745 I N S E N A T E February 12, 2016 ___________ Introduced by Sen. VENDITTO -- 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 mandatory testing in the event of a motor vehicle collision resulting in injury or death THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 2 of section 1194 of the vehicle and traffic law, as amended by chapter 196 of the laws of 1996, are amended and a new subparagraph 2-a is added to read as follows: (1) having reasonable grounds to believe such person to have been operating in violation of any subdivision of section eleven hundred ninety-two of this article and within two hours after such person has been placed under arrest for any such violation; or having reasonable grounds to believe such person to have been operating in violation of section eleven hundred ninety-two-a of this article and within two hours after the stop of such person for any such violation, OR (2) within two hours after a breath test, as provided in paragraph (b) of subdivision one of this section, indicates that alcohol has been consumed by such person and in accordance with the rules and regulations established by the police force of which the officer is a member[;], OR (2-A) HAVING REASONABLE GROUNDS TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING A MOTOR VEHICLE IN A MANNER THAT CAUSES SERIOUS PHYSICAL INJU- RY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW TO, OR THE DEATH OF, ANOTHER PERSON AND WITHIN TWO HOURS AFTER SUCH OPERATION WHICH RESULTED IN SUCH SERIOUS PHYSICAL INJURY OR DEATH, OR S 2. 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: 3. Compulsory chemical tests. (a) [Court] MANDATORY AND COURT ordered chemical tests. Notwithstanding the provisions of subdivision two of this section, no person who operates a motor vehicle in this state may refuse to submit to a chemical test of one or more of the following: breath, blood, urine or saliva, for the purpose of determining the alco- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.