S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7572
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Transportation
 
 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
 GROUNDS TO BELIEVE SUCH MOTOR VEHICLE OPERATOR COMMITTED A SERIOUS TRAF-
 FIC VIOLATION IN THE SAME ACCIDENT. UPON REFUSAL TO SUBMIT TO SUCH TEST-

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

                                                            LBD00154-03-7

 A. 7572                             2
 
 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
 VIOLATION COMMITTED IN THE SAME ACCIDENT BEING INVESTIGATED PURSUANT  TO
 PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THREE-A OF THIS

 A. 7572                             3
 
 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-
 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

 A. 7572                             4
 
 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.