senate Bill S6745

2015-2016 Legislative Session

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2016 referred to transportation
delivered to assembly
passed senate
May 23, 2016 ordered to third reading cal.1007
committee discharged and committed to rules
Feb 12, 2016 referred to transportation

Co-Sponsors

S6745 (ACTIVE) - Details

See Assembly Version of this Bill:
A9704
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: S2498
2011-2012: S4422
2013-2014: S1446
2017-2018: S5395, A1304

S6745 (ACTIVE) - Summary

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

S6745 (ACTIVE) - Sponsor Memo

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.

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