Assembly Bill A8977

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8977
 
                           I N  A S S E M B L Y
 
                              January 9, 2018
                                ___________
 
 Introduced by M. of A. D'URSO -- read once and referred to the Committee
   on Transportation
 
 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
 SECTION  ELEVEN  HUNDRED  NINETY-FOUR  OF  THIS  CHAPTER. THE REFUSAL TO
 SUBMIT TO SUCH TESTING SHALL  CONSTITUTE  A  REBUTTABLE  PRESUMPTION  OF
 GUILT  AND  SUCH  REFUSAL  SHALL  BE  DOCUMENTED  IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR  OF  THIS  CHAPTER.  IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02885-01-7

 A. 8977                             2
 
 PHYSICAL  INJURIES  DO  NOT PERMIT SUCH CHEMICAL TESTING AT THE ACCIDENT
 SCENE, SUCH TESTS MUST BE ADMINISTERED AT THE HOSPITAL. THE  RESULTS  OF
 SUCH  FIELD  SOBRIETY AND CHEMICAL TESTS OR REFUSALS OF SUCH TESTS SHALL
 BE INCLUDED IN THE POLICE INVESTIGATION REPORT.
   (C) The police shall forward a copy of the investigation report to the
 commissioner within five business days of the completion of such report.
   §  2.  Paragraphs (a) and (b) of subdivision 2 of section 603-a of the
 vehicle and traffic law, as added by chapter 408 of the  laws  of  2001,
 are  amended,  and  two  new paragraphs (c) and (d) are added to read as
 follows:
   (a) "commercial motor vehicle" shall have the  same  meaning  as  such
 term is defined in either subdivision four of section five hundred one-a
 or subdivision one of section five hundred nine-p of this chapter; [and]
   (b) "serious physical injury" shall have the same meaning as such term
 is defined in section 10.00 of the penal law[.];
   (C)  "FIELD  SOBRIETY  TESTING"  SHALL HAVE THE SAME MEANING AS "FIELD
 TEST" OR "BREATH TEST" PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF
 THIS CHAPTER; AND
   (D) "CHEMICAL TEST" OF BLOOD ALCOHOL LEVEL SHALL HAVE THE SAME MEANING
 AS SUCH TERM IS DEFINED IN SECTION ELEVEN HUNDRED  NINETY-FOUR  OF  THIS
 CHAPTER.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.