NY State Senate Bill 2019-S8842

Senate Bill S8842

2019-2020 Legislative Session

Directs the commissioner of health to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to rules

2019-S8842 (ACTIVE) - Details

See Assembly Version of this Bill:: A8762
Current Committee:: Senate Rules
Law Section:: Health, Commissioner of
Versions Introduced in Other Legislative Sessions:: 2021-2022: A2613
2023-2024: A189

2019-S8842 (ACTIVE) - Summary

Directs the commissioner of health to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies.

2019-S8842 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8842

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act directing the commissioner of health to study the effectiveness
and accuracy of devices used to estimate blood alcohol content by law
enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the commissioner of health to study the effectiveness and accu-
racy of devices used to estimate blood alcohol content by law enforce-
ment agencies

 
SUMMARY OF PROVISIONS:

Section 1 authorizes and directs the commissioner of health to study the
effectiveness and accuracy of devices used to estimate blood alcohol
content by law enforcement agencies.

Section 2 requires that the commissioner of health make a report to the
governor and the legislature of his or her findings, conclusions, and
recommendations no later than one year after the effective date of this
act and shall submit with this report such legislative proposals as it
deems necessary to implement its recommendations.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Not applicable

 
JUSTIFICATION:

According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities not limited to having used
hand sanitizer before an examination. While field tests are not court
admissible, the devices used in police stations are and they also have
been found to be inaccurate. This legislation would require the Commis-
sioner of Health to conduct a study examining the validity and reliabil-
ity of this important tool used to secure convictions in cases where a
suspect is found to be under the influence of alcohol. In addition, this
the findings of this study would help assure New Yorkers that justice is
being carried out impartially.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S8842 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8842
 
                             I N  S E N A T E
 
                               July 22, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT directing the commissioner of health to study  the  effectiveness
   and  accuracy of devices used to estimate blood alcohol content by law
   enforcement agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  commissioner of health is authorized and directed to
 study the effectiveness and accuracy of devices used to  estimate  blood
 alcohol  content  by law enforcement agencies. Such study shall include,
 but not be limited to:
   (a) which devices are used by law enforcement agencies;
   (b) the accuracy of devices used by law enforcement agencies;
   (c) the margin of error for devices which are used by law  enforcement
 agencies;
   (d) the likelihood of an inaccurate reading; and
   (e)  any  other  related  information  that  the commissioner may deem
 necessary or relevant in carrying out this study.
   § 2. The commissioner of health shall make a report  to  the  governor
 and  the legislature of his or her findings, conclusions and recommenda-
 tions no later than one year after the effective date of  this  act  and
 shall  submit  with  this  report such legislative proposals as it deems
 necessary to implement its recommendations.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14143-01-9

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