Senate Bill S9224

2021-2022 Legislative Session

Implements oral fluid tests

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-S9224 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, add §1195-a, V & T L; amd §49-a, Nav L
Versions Introduced in 2023-2024 Legislative Session:
S3127

2021-S9224 (ACTIVE) - Summary

Implements oral fluid tests which tests a person's saliva for the presence of cannabis.

2021-S9224 (ACTIVE) - Sponsor Memo

2021-S9224 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9224
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 and the navigation  law,  in
   relation to implementing oral fluid tests
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 1194 of the  vehicle  and  traffic
 law is amended by adding a new paragraph (c) to read as follows:
   (C) ORAL FLUID TEST. (1) DEFINITION. FOR THE PURPOSES OF THIS ARTICLE,
 "ORAL  FLUID TEST" MEANS A STANDARDIZED PRELIMINARY SALIVA ANALYSIS TEST
 VALIDATED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FOR  THE
 DETECTION OF CANNABIS. A FIELD SOBRIETY TEST IS CONSIDERED AN ORAL FLUID
 TEST  IF IT IS ADMINISTERED IN SUBSTANTIAL COMPLIANCE WITH THE STANDARDS
 PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
   (2) ORAL FLUID TEST. 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 AN ORAL FLUID TEST TO BE ADMINISTERED BY THE POLICE OFFI-
 CER. IF SUCH TEST INDICATES THE PRESENCE OF  CANNABIS  IN  THE  PERSON'S
 SALIVA,  THE  POLICE  OFFICER  MAY  REQUEST SUCH OPERATOR TO SUBMIT TO A
 CHEMICAL TEST IN THE  MANNER  SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION.
   §  2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1194
 of the vehicle and traffic law, as amended by chapter 196 of the laws of
 1996, is amended to read as follows:
   (2) within two hours after a breath test, as provided in paragraph (b)
 of subdivision one of this  section,  AND/OR  AN  ORAL  FLUID  TEST,  AS
 PROVIDED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, indicates
 that alcohol AND/OR CANNABIS has been consumed by  such  person  and  in
 accordance  with  the  rules  and  regulations established by the police
 force of which the officer is a member;
   § 3. Subparagraph 1 of paragraph (b) of subdivision 2 of section  1194
 of the vehicle and traffic law, as amended by chapter 489 of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14450-04-2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.