Senate Bill S5395

2017-2018 Legislative Session

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation 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-S5395 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2498
2011-2012: S4422
2013-2014: S1446
2015-2016: S2588, S6745

2017-S5395 (ACTIVE) - Summary

Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury; provides immunity from civil liability for those health care providers who comply with the provisions of law requiring such testing.

2017-S5395 (ACTIVE) - Sponsor Memo

2017-S5395 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5395
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 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  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. Subparagraphs 1 and 2 of paragraph (a) of subdivision 2 of
 section 1194 of the vehicle and traffic law, as amended by  chapter  196
 of  the laws of 1996, are amended and a new subparagraph 2-a is added to
 read as follows:
   (1) having reasonable grounds to believe  such  person  to  have  been
 operating  in  violation  of  any  subdivision of section eleven hundred
 ninety-two of this article and within two hours after  such  person  has
 been  placed  under  arrest for any such violation; or having reasonable
 grounds to believe such person to have been operating  in  violation  of
 section eleven hundred ninety-two-a of this article and within two hours
 after the stop of such person for any such violation, OR
   (2) within two hours after a breath test, as provided in paragraph (b)
 of  subdivision  one  of  this  section, indicates that alcohol has been
 consumed by such person and in accordance with the rules and regulations
 established by the police force of which the officer is a member[;], OR
   (2-A) HAVING REASONABLE GROUNDS TO BELIEVE SUCH PERSON  TO  HAVE  BEEN
 OPERATING A MOTOR VEHICLE IN A MANNER THAT CAUSES SERIOUS PHYSICAL INJU-
 RY  AS  DEFINED  IN  SECTION 10.00 OF THE PENAL LAW TO, OR THE DEATH OF,
 ANOTHER PERSON AND WITHIN TWO HOURS AFTER SUCH OPERATION WHICH  RESULTED
 IN SUCH SERIOUS PHYSICAL INJURY OR DEATH, OR
   §  2. Subdivision 3 of section 1194 of the vehicle and traffic law, as
 added by chapter 47 of the laws of 1988, is amended to read as follows:
   3. Compulsory chemical tests. (a) [Court] MANDATORY AND COURT  ordered
 chemical  tests.    Notwithstanding the provisions of subdivision two of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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