Assembly Bill A1192

2017-2018 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2017-A1192 (ACTIVE) - Details

See Senate Version of this Bill:
S1012
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §603-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2092, S1091
2011-2012: A1895, S562
2013-2014: A9551, S3769
2015-2016: A77, S844
2019-2020: A542

2017-A1192 (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.

2017-A1192 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1192
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. SIMANOWITZ, McDONOUGH -- Multi-Sponsored by -- M.
   of A. HOOPER -- read once and referred to the Committee on Transporta-
   tion
 
 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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