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Assembly Bill A1536

2021-2022 Legislative Session

Relates to requiring a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases

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Archive: Last Bill Status - In Assembly Committee

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2021-A1536 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2573
2011-2012: A2853
2013-2014: A3934
2015-2016: A2685
2017-2018: A1008
2019-2020: A3126
2023-2024: A831
2025-2026: A6831

2021-A1536 (ACTIVE) - Summary

Requires court-ordered blood alcohol content testing for all drivers involved in fatal and serious physical injury accidents where there is a reasonable cause to believe an alcohol-related offense has been committed; provides exception when seeking court order would unduly interfere with emergency medical assistance or other necessary services at incident scene.

2021-A1536 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1536
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the applica-
   tion for court orders for compulsory chemical tests to determine blood
   alcohol content
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of paragraph (b) of 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:
   Upon refusal by any person to submit to a chemical test or any portion
 thereof  as  described  above,  [the  test  shall not be given unless] a
 police officer or a district attorney, as defined in  subdivision  thir-
 ty-two  of  section  1.20  of  the criminal procedure law, [requests and
 obtains] SHALL REQUEST a court order to compel a person to submit  to  a
 chemical test to determine the alcoholic or drug content of the person's
 blood  [upon  a  finding of] IF SUCH POLICE OFFICER OR DISTRICT ATTORNEY
 FINDS THAT THERE EXISTS reasonable cause to believe that:
   § 2. Subdivision 3 of section 1194 of the vehicle and traffic  law  is
 amended by adding a new paragraph (f) to read as follows:
   (F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
 SUBDIVISION,  A  POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST A COURT
 ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH  REQUEST  WOULD
 IMPAIR  THE  ABILITY  TO  ADDRESS MEDICAL NEEDS OR OTHER EXIGENT CIRCUM-
 STANCES AT THE SCENE OF AN INCIDENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00235-01-1

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