senate Bill S321

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 Senate Committee Transportation Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to transportation
Jan 09, 2019 referred to transportation

S321 (ACTIVE) - Details

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

S321 (ACTIVE) - Summary

Relates to saliva swabs and chemical tests in certain cases.

S321 (ACTIVE) - Sponsor Memo

S321 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2019-2020 Regular Sessions

                            I N  S E N A T E


                             January 9, 2019

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 saliva swabs
  and chemical tests in certain cases


  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


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