Senate Bill S364

2017-2018 Legislative Session

Relates to saliva swabs and chemical tests in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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-S364 (ACTIVE) - Details

See Assembly Version of this Bill:
A2530
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7548, A8006
2015-2016: S1961, A4736
2019-2020: S321, A968
2021-2022: A6135
2023-2024: A4519

2017-S364 (ACTIVE) - Summary

Relates to saliva swabs and chemical tests in certain cases.

2017-S364 (ACTIVE) - Sponsor Memo

2017-S364 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    364
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 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 saliva swabs
   and chemical tests in certain cases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and
 traffic law, as added by chapter 47 of the laws of 1988, paragraphs  (a)
 and  (b) of subdivision 2 as amended by chapter 196 of the laws of 1996,
 subparagraphs 1 and 2 of paragraph (d) of subdivision 2  as  amended  by
 chapter  732  of the laws of 2006 and item (iii) of clause c of subpara-
 graph 1 of paragraph (d) of subdivision 2 as amended by  section  37  of
 part  LL  of  chapter  56  of  the  laws of 2010, are amended to read as
 follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions  of  section  140.10  of the criminal procedure law, a police
 officer may, without a warrant, arrest a person, in case of a  violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person  is involved, which in fact has been committed, though not in the
 police officer's presence, when the  officer  has  reasonable  cause  to
 believe that the violation was committed by such person.
   (b)  Field  testing.  Every person operating a motor vehicle which has
 been involved in an accident or which is operated in violation of any of
 the provisions of this chapter shall, at the request of a  police  offi-
 cer,  submit  to  a breath test AND/OR SALIVA SWAB to be administered by
 the police officer. If EITHER such test indicates that such operator has
 consumed alcohol OR IS UNDER THE INFLUENCE OF A DRUG OR DRUGS, OR  BOTH,
 the  police  officer  may  request such operator to submit to a chemical
 test in the manner set forth in subdivision two of this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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