S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5562--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.  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) WHEN PRESENT AT THE SCENE  OF  SUCH  ACCIDENT,  THE  INVESTIGATING
 OFFICER SHALL ALSO REQUEST THAT ALL OPERATORS OF MOTOR VEHICLES INVOLVED
 IN  SUCH  ACCIDENT SUBMIT TO A FIELD SOBRIETY TEST AS DEFINED IN SECTION
 ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER PROVIDED THERE ARE REASONABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00154-02-7

 S. 5562--A                          2
 
 GROUNDS TO BELIEVE SUCH MOTOR VEHICLE OPERATOR COMMITTED A SERIOUS TRAF-
 FIC VIOLATION IN THE SAME ACCIDENT. UPON REFUSAL TO SUBMIT TO SUCH TEST-
 ING, SUCH PERSON SHALL BE SUBJECT TO THE PROVISIONS  OF  SECTION  ELEVEN
 HUNDRED  NINETY-FOUR OF THIS CHAPTER. THE RESULTS OF SUCH FIELD SOBRIETY
 AND CHEMICAL TESTS OR REFUSALS OF SUCH TESTS SHALL BE  INCLUDED  IN  THE
 POLICE  INVESTIGATION REPORT. FOR THE PURPOSES OF THIS SECTION, "SERIOUS
 TRAFFIC VIOLATION" SHALL MEAN OPERATING A MOTOR VEHICLE IN VIOLATION  OF
 ANY  OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: ARTICLES TWENTY-THREE,
 TWENTY-FOUR,  TWENTY-FIVE,  TWENTY-SIX,  TWENTY-EIGHT,  TWENTY-NINE  AND
 THIRTY  AND SECTIONS FIVE HUNDRED ELEVEN, SIX HUNDRED AND TWELVE HUNDRED
 TWELVE.
   (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 (b) and (c) of subdivision 2 of section  1194  of  the
 vehicle  and traffic law, paragraph (b) as amended by chapter 196 of the
 laws of 1996 and paragraph (c) as added by chapter 47  of  the  laws  of
 1988, are amended to read as follows:
   (b)  Report  of  refusal.  (1)  If: (A) such person having been placed
 under arrest OR HAVING DRIVEN A VEHICLE INVOLVED IN AN ACCIDENT  RESULT-
 ING  IN SERIOUS PHYSICAL INJURY TO, OR THE DEATH OF, ANOTHER PERSON AND,
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  SIX  HUNDRED
 THREE-A  OF  THIS  CHAPTER, THERE ARE REASONABLE GROUNDS TO BELIEVE SUCH
 PERSON HAS COMMITTED A SERIOUS TRAFFIC  VIOLATION  AS  DEFINED  BY  SUCH
 PARAGRAPH;  or (B) after a breath test indicates the presence of alcohol
 in the person's system; or (C) with regard to a person under the age  of
 twenty-one, there are reasonable grounds to believe that such person has
 been  operating  a  motor  vehicle  after  having  consumed  alcohol  in
 violation of section eleven hundred ninety-two-a of  this  article;  and
 having  thereafter  been  requested  to submit to such chemical test and
 having been informed that the person's license or permit  to  drive  and
 any  non-resident operating privilege shall be immediately suspended and
 subsequently revoked, or, for operators under the age of twenty-one  for
 whom there are reasonable grounds to believe that such operator has been
 operating  a motor vehicle after having consumed alcohol in violation of
 section eleven hundred ninety-two-a of this article,  shall  be  revoked
 for  refusal  to  submit  to  such chemical test or any portion thereof,
 whether or not the person is found guilty of the charge for  which  such
 person  is arrested or detained, refuses to submit to such chemical test
 or any portion thereof, unless a court order has been  granted  pursuant
 to  subdivision three of this section, the test shall not be given and a
 written report of such refusal shall be immediately made by  the  police
 officer  before  whom such refusal was made. Such report may be verified
 by having the report sworn to, or by affixing  to  such  report  a  form
 notice  that  false  statements made therein are punishable as a class A
 misdemeanor pursuant to section 210.45 of the penal law  and  such  form
 notice together with the subscription of the deponent shall constitute a
 verification of the report.
   (2)  The  report  of  the  police  officer  shall set forth reasonable
 grounds to believe such arrested person or such  detained  person  under
 the  age  of twenty-one had been driving in violation of any subdivision
 of section eleven hundred ninety-two or eleven hundred  ninety-two-a  of
 this  article,  that  said person had refused to submit to such chemical
 test, and that  no  chemical  test  was  administered  pursuant  to  the
 requirements  of  subdivision three of this section. The report shall be
 presented to the court upon arraignment  of  an  arrested  person  OR  A
 PERSON  ARRESTED  OR  ISSUED  AN APPEARANCE TICKET FOR A SERIOUS TRAFFIC

 S. 5562--A                          3
 
 VIOLATION COMMITTED IN THE SAME ACCIDENT BEING INVESTIGATED PURSUANT  TO
 PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THREE-A OF THIS
 CHAPTER, provided, however, in the case of a person  under  the  age  of
 twenty-one, for whom a test was authorized pursuant to the provisions of
 subparagraph  two or three of paragraph (a) of this subdivision, and who
 has not been  placed  under  arrest  for  a  violation  of  any  of  the
 provisions  of  section  eleven hundred ninety-two of this article, such
 report shall be forwarded to the commissioner within  forty-eight  hours
 in  a  manner  to  be prescribed by the commissioner, and all subsequent
 proceedings with regard to refusal to submit to such  chemical  test  by
 such person shall be as set forth in subdivision three of section eleven
 hundred ninety-four-a of this article.
   (3) For persons placed under arrest for a violation of any subdivision
 of  section  eleven  hundred  ninety-two of this article OR PLACED UNDER
 ARREST OR ISSUED AN APPEARANCE TICKET FOR A  SERIOUS  TRAFFIC  VIOLATION
 COMMITTED  IN THE SAME ACCIDENT BEING INVESTIGATED PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THREE-A OF  THIS  CHAPTER,
 the  license or permit to drive and any non-resident operating privilege
 shall, upon the basis of such written report, be  temporarily  suspended
 by  the  court  without notice pending the determination of a hearing as
 provided in paragraph (c) of this subdivision.  Copies  of  such  report
 must  be transmitted by the court to the commissioner and such transmit-
 tal may not be waived even with the consent of  all  the  parties.  Such
 report  shall  be forwarded to the commissioner within forty-eight hours
 of such arraignment.
   (4) The court or the police officer, in the case of a person under the
 age of twenty-one alleged to be driving after having  consumed  alcohol,
 shall  provide such person with a scheduled hearing date, a waiver form,
 and such other information as may be required by the commissioner. If  a
 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
 vision three of section eleven hundred ninety-four-a of this article, is
 waived  by  such  person,  the commissioner shall immediately revoke the
 license, permit, or non-resident operating privilege, as of the date  of
 receipt  of  such  waiver in accordance with the provisions of paragraph
 (d) of this subdivision.
   (c) Hearings. Any person whose license or permit to drive or any  non-
 resident  driving privilege has been suspended pursuant to paragraph (b)
 of this subdivision is entitled to a hearing in accordance with a  hear-
 ing  schedule  to  be promulgated by the commissioner. If the department
 fails to provide for such hearing fifteen days after  the  date  of  the
 arraignment  of  the  arrested  person,  the license, permit to drive or
 non-resident operating privilege of  such  person  shall  be  reinstated
 pending a hearing pursuant to this section. The hearing shall be limited
 to  the  following  issues:  (1)  did the police officer have reasonable
 grounds to believe that such person had been driving in violation of any
 subdivision of section eleven hundred ninety-two of this article OR  WAS
 DRIVING A VEHICLE INVOLVED IN AN ACCIDENT BEING INVESTIGATED PURSUANT TO
 PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THREE-A OF THIS
 CHAPTER; (2) did the police officer make a lawful arrest of such  person
 OR ISSUE A LAWFUL APPEARANCE TICKET TO, OR MAKE A LAWFUL ARREST OF, SUCH
 PERSON  FOR  A  SERIOUS TRAFFIC VIOLATION COMMITTED IN THE SAME ACCIDENT
 BEING INVESTIGATED PURSUANT TO  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
 SECTION  SIX  HUNDRED THREE-A OF THIS CHAPTER; (3) was such person given
 sufficient warning, in clear or  unequivocal  language,  prior  to  such
 refusal that such refusal to submit to such chemical test or any portion
 thereof, would result in the immediate suspension and subsequent revoca-

 S. 5562--A                          4
 
 tion of such person's license or operating privilege whether or not such
 person  is  found  guilty of the charge for which the arrest was made OR
 THE APPEARANCE TICKET WAS ISSUED; and (4)  did  such  person  refuse  to
 submit  to  such  chemical  test  or any portion thereof. If, after such
 hearing, the hearing officer, acting  on  behalf  of  the  commissioner,
 finds  on  any  one  of said issues in the negative, the hearing officer
 shall immediately terminate any suspension arising  from  such  refusal.
 If,  after  such  hearing,  the hearing officer, acting on behalf of the
 commissioner finds all of the issues in the  affirmative,  such  officer
 shall immediately revoke the license or permit to drive or any non-resi-
 dent  operating privilege in accordance with the provisions of paragraph
 (d) of this subdivision. A person who has had a  license  or  permit  to
 drive  or non-resident operating privilege suspended or revoked pursuant
 to this subdivision may appeal the findings of the  hearing  officer  in
 accordance  with  the provisions of article three-A of this chapter. Any
 person may waive the right to a hearing under this section.  Failure  by
 such person to appear for the scheduled hearing shall constitute a waiv-
 er of such hearing, provided, however, that such person may petition the
 commissioner  for a new hearing which shall be held as soon as practica-
 ble.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.