Assembly Bill A968

2019-2020 Legislative Session

Relates to saliva swabs and chemical tests in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A968 (ACTIVE) - Details

See Senate Version of this Bill:
S321
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8006, S7548
2015-2016: A4736, S1961
2017-2018: A2530, S364
2021-2022: A6135
2023-2024: A4519

2019-A968 (ACTIVE) - Summary

Relates to saliva swabs and chemical tests in certain cases.

2019-A968 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    968
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, DenDEKKER, McDONOUGH -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to saliva swabs
   and chemical tests in certain cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and
 traffic law, as added by chapter 47 of the laws of 1988,  paragraph  (a)
 of  subdivision  2  as amended by chapter 196 of the laws of 1996, para-
 graphs (b) and (c) of subdivision 2 as amended by  chapter  489  of  the
 laws  of 2017, clause (A) of subparagraph 1 and subparagraphs 2 and 3 of
 paragraph (b) and subparagraphs 1, 2, and 3 of paragraph (c) of subdivi-
 sion 2 as amended by chapter 27 of the laws of 2018, subparagraphs 1 and
 2 of paragraph (d) of subdivision 2 as amended by  chapter  732  of  the
 laws  of  2006 and item (iii) of clause c of subparagraph 1 of paragraph
 (d) of subdivision 2 as amended by section 37 of part LL of  chapter  56
 of the laws of 2010, are amended to read as follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions of section 140.10 of the criminal  procedure  law,  a  police
 officer  may, without a warrant, arrest a person, in case of a violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person is involved, which in fact has been committed, though not in  the
 police  officer's  presence,  when  the  officer has reasonable cause to
 believe that the violation was committed by such person.
   (b) Field testing. Every person operating a motor  vehicle  which  has
 been involved in an accident or which is operated in violation of any of
 the  provisions  of this chapter shall, at the request of a police offi-
 cer, submit to a breath test AND/OR SALIVA SWAB to  be  administered  by
 the police officer. If EITHER such test indicates that such operator has
 consumed  alcohol OR IS UNDER THE INFLUENCE OF A DRUG OR DRUGS, OR BOTH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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