senate Bill S1012

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 - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
May 31, 2018 advanced to third reading
May 30, 2018 2nd report cal.
May 22, 2018 1st report cal.1293
Jan 03, 2018 referred to transportation
returned to senate
died in assembly
Mar 08, 2017 referred to transportation
delivered to assembly
passed senate
Mar 01, 2017 advanced to third reading
Feb 28, 2017 2nd report cal.
Feb 14, 2017 1st report cal.215
Jan 06, 2017 referred to transportation

Votes

view votes

May 22, 2018 - Transportation committee Vote

S1012
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Feb 14, 2017 - Transportation committee Vote

S1012
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Feb 14, 2017

aye wr (1)
absent (1)

Co-Sponsors

S1012 (ACTIVE) - Details

See Assembly Version of this Bill:
A8977
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §603-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1091, A2092
2011-2012: S562, A1895
2013-2014: S3769, A9551
2015-2016: S844, A77
2019-2020: A542

S1012 (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.

S1012 (ACTIVE) - Sponsor Memo

S1012 (ACTIVE) - Bill Text download pdf


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

                                  1012

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

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  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

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

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