S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    542
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  D'URSO,  BLAKE,  COOK, DAVILA, GALEF, ORTIZ,
   SEAWRIGHT, WILLIAMS -- Multi-Sponsored by -- M. of A. DICKENS --  read
   once and referred to the Committee on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   breathalyzer tests of drivers involved in  accidents  causing  serious
   physical injury or death
 
   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 amended by chapter 27 of the laws of 2018,
 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 field 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 traf-
 fic violation in the same accident. The results of such field testing or
 refusal  of  such  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.]
 SUCH  INVESTIGATION OF AN ACCIDENT SCENE SHALL ALSO INCLUDE THE ADMINIS-
 TRATION OF FIELD SOBRIETY AND A CHEMICAL TEST OF BLOOD ALCOHOL LEVEL  TO
 ALL  MOTOR  VEHICLE DRIVERS INVOLVED IN SUCH ACCIDENT. THE INVESTIGATING
 POLICE OFFICERS MUST INFORM THE DRIVERS OF SUCH TESTING REQUIREMENTS AND
 CONDUCT THEM IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED
 NINETY-FOUR OF THIS CHAPTER. THE REFUSAL TO SUBMIT TO SUCH TESTING SHALL
 CONSTITUTE A REBUTTABLE PRESUMPTION OF GUILT AND SUCH REFUSAL  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05898-01-9

 A. 542                              2
 
 DOCUMENTED  IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED
 NINETY-FOUR OF THIS CHAPTER. IF PHYSICAL INJURIES  DO  NOT  PERMIT  SUCH
 CHEMICAL  TESTING AT THE ACCIDENT SCENE, SUCH TESTS MUST BE ADMINISTERED
 AT  THE  HOSPITAL. THE RESULTS OF SUCH FIELD SOBRIETY AND CHEMICAL TESTS
 OR REFUSALS OF SUCH TESTS SHALL BE INCLUDED IN THE POLICE  INVESTIGATION
 REPORT.
   §  2.  Paragraphs (a) and (b) of subdivision 2 of section 603-a of the
 vehicle and traffic law, as added by chapter 408 of the  laws  of  2001,
 are  amended,  and  two  new paragraphs (c) and (d) are added to read as
 follows:
   (a) "commercial motor vehicle" shall have the  same  meaning  as  such
 term is defined in either subdivision four of section five hundred one-a
 or subdivision one of section five hundred nine-p of this chapter; [and]
   (b) "serious physical injury" shall have the same meaning as such term
 is defined in section 10.00 of the penal law[.];
   (C)  "FIELD  SOBRIETY  TESTING"  SHALL HAVE THE SAME MEANING AS "FIELD
 TEST" OR "BREATH TEST" PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF
 THIS CHAPTER; AND
   (D) "CHEMICAL TEST" OF BLOOD ALCOHOL LEVEL SHALL HAVE THE SAME MEANING
 AS SUCH TERM IS DEFINED IN SECTION ELEVEN HUNDRED  NINETY-FOUR  OF  THIS
 CHAPTER.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.