S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7306
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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; and to amend a chapter of the laws  of  2017,  amending  the
   vehicle  and traffic law relating to mandatory testing in the event of
   a motor vehicle collision resulting in injury or death, as proposed in
   legislative bills numbers S. 5562-A and A. 7572, in  relation  to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1  of  section  603-a  of  the
 vehicle  and  traffic  law,  as  added by a chapter of the laws of 2017,
 amending the vehicle and traffic law relating to  mandatory  testing  in
 the  event of a motor vehicle collision resulting in injury or death, as
 proposed in legislative bills numbers S. 5562-A and A. 7572, is  amended
 to read as follows:
   (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] TESTING as  defined
 in section eleven hundred ninety-four of this chapter provided there are
 reasonable  grounds  to  believe such motor vehicle operator committed a
 serious traffic violation in the same accident. [Upon refusal to  submit
 to  such  testing,  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] TESTING  or  [refusals]  REFUSAL  of
 such  [tests]  TESTING  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 follow-
 ing 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.
   § 2. Clause (A) of paragraph (b) of subdivision 2 of section  1194  of
 the  vehicle  and  traffic  law,  as amended by a chapter of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00154-04-8

 S. 7306                             2
 
 2017, amending the vehicle and traffic law relating to mandatory testing
 in the event of a motor vehicle collision resulting in injury or  death,
 as  proposed  in  legislative  bills  numbers  S. 5562-A and A. 7572, is
 amended to read as follows:
   (A)  such  person  having been placed under arrest [or having driven a
 vehicle involved in an accident resulting in serious physical injury to,
 or the death of, another person and, pursuant to paragraph (b) of subdi-
 vision one of section six hundred three-a of  this  chapter,  there  are
 reasonable  grounds to believe such person has committed a serious traf-
 fic violation as defined by such paragraph]; or
   § 3. Subparagraphs 2 and 3  of  paragraph  (b)  of  subdivision  2  of
 section  1194 of the vehicle and traffic law, as amended by a chapter of
 the laws of 2017, amending the  vehicle  and  traffic  law  relating  to
 mandatory testing in the event of a motor vehicle collision resulting in
 injury  or death, as proposed in legislative bills numbers S. 5562-A and
 A. 7572, are amended to read as follows:
   (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
 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.  Subparagraphs  1,  2 and 3 of paragraph (c) of subdivision 2 of
 section 1194 of the vehicle and traffic law, as amended by a chapter  of
 the  laws  of  2017,  amending  the  vehicle and traffic law relating to
 mandatory testing in the event of a motor vehicle collision resulting in
 injury or death, as proposed in legislative bills numbers  S.5562-A  and
 A.7572, are amended to read as follows:

 S. 7306                             3
 
   (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  inves-
 tigated  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 revocation 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
   § 5.  Section 3 of a chapter of the laws of 2017, amending the vehicle
 and traffic law relating to mandatory testing in the event  of  a  motor
 vehicle  collision resulting in injury or death, as proposed in legisla-
 tive bills numbers S.5562-A and A.7572, is amended to read as follows:
   § 3. This act shall take effect on the [thirtieth] NINETIETH day after
 it shall have become a law.
   § 6. This act shall take effect immediately;  provided,  however  that
 sections  one,  two, three and four of this act shall take effect on the
 same date and in the same manner as a  chapter  of  the  laws  of  2017,
 amending  the  vehicle  and traffic law relating to mandatory testing in
 the event of a motor vehicle collision resulting in injury or death,  as
 proposed in legislative bills numbers S.5562-A and A.7572, takes effect.