S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8599
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced by M. of A. NORBER -- read once and referred to the Committee
   on Transportation
 
 AN ACT to establish an oral fluid task force to study and make recommen-
   dations  on  best practices for the testing of oral fluid to determine
   impairment due to drug intoxication while operating a motor vehicle in
   the state of New York; and to amend the vehicle and traffic  law,  the
   criminal  procedure law, the environmental conservation law, the navi-
   gation law, the parks, recreation and historic  preservation  law  and
   the penal law, in relation to the testing of oral fluids
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Oral fluid task force. 1. (a) A task force is hereby estab-
 lished to study and make recommendations on best practices for the test-
 ing of oral fluid to determine impairment due to drug intoxication while
 operating a motor vehicle in the state of New York. For the purposes  of
 this task force, "testing of oral fluid" or "oral fluid test" shall mean
 a  standardized  preliminary  saliva  analysis  test  validated  by  the
 National Highway Traffic Safety  Administration  for  the  detection  of
 cannabis  or  other  drugs. A field sobriety test shall be considered an
 oral fluid test if such test is administered in  substantial  compliance
 with  the  standards  prescribed  by the National Highway Traffic Safety
 Administration.
   (b) The task force shall study:
   (i) the frequency of traffic stops where impairment due to drug intox-
 ication is a central or contributing factor for the stop;
   (ii) current law enforcement methodologies to determine drug intoxica-
 tion, including but not limited to any devices that have the ability  to
 determine the level of impairment and type of drug consumed;
   (iii)  the  feasibility  of expanding drug recognition expert training
 for all law enforcement  agencies  and  personnel  involved  in  traffic
 enforcement in the state of New York; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13046-01-5
              

 A. 8599                             2
 
   (iv) the feasibility of mandating drug recognition expert training for
 all  law enforcement agencies and personnel involved in traffic enforce-
 ment in the state of New York.
   (c)  No  later than one year after the effective date of this section,
 the task force shall report its findings to the governor, the  temporary
 president  of the senate, the minority leader of the senate, the speaker
 of the assembly, and the minority leader of the assembly.
   2. (a) The task force shall be comprised of the  commissioner  of  the
 department  of motor vehicles or their designee, the commissioner of the
 department of transportation or their designee, the commissioner of  the
 department  of  health  or their designee, the executive director of the
 office of cannabis management or their designee, the  superintendent  of
 the  state  police  or  their  designee, the chairperson of the New York
 state STOP-DWI Foundation or their designee, and the commissioner of the
 division of criminal justice services or their designee.
   (b) One member of the task force shall serve  as  chairperson  of  the
 task force.
   (c)  The  members  of the task force shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their services.
   (d) All departments, divisions,  bureaus,  commissions,  districts  or
 agencies  of  the  state or any political subdivisions thereof shall, at
 the request of the chairperson, or head of such entity provide the  task
 force  with  such  staff, facilities, assistance and data as will enable
 the task force to carry out its powers and duties.
   § 2. Section 114-a of the vehicle and traffic law, as amended by chap-
 ter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug. The term "drug" when used in this  chapter,  means  and
 includes any substance listed in section thirty-three hundred six of the
 public  health  law and cannabis and concentrated cannabis as defined in
 section 222.00 of the penal law AND  ANY  SUBSTANCE  OR  COMBINATION  OF
 SUBSTANCES THAT IMPAIR PHYSICAL OR MENTAL ABILITIES TO ANY EXTENT.
   § 3. The vehicle and traffic law is amended by adding two new sections
 119-c and 120-a to read as follows:
   § 119-C. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS CONSUMED OR
 INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE
 DRIVER HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND/OR MENTAL ABILITIES
 WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A
 REASONABLE AND PRUDENT PERSON.
   §  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
 WHICH IS REACHED WHEN A DRIVER HAS CONSUMED OR INGESTED A  SUBSTANCE  OR
 COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS INCAPABLE, TO
 A  SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYSICAL AND/OR MENTAL ABILITIES
 WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A
 REASONABLE AND PRUDENT PERSON.
   § 4. Subdivision 2, paragraph (a) of subdivision 2-a, and subdivisions
 5 and 6 of section 1192 of the vehicle and traffic law, subdivision 2 as
 amended by chapter 3 of the laws of 2002, paragraph (a)  of  subdivision
 2-a  as  amended  by chapter 496 of the laws of 2009, and subdivisions 5
 and 6 as amended by chapter 236 of the laws of 2003, are amended to read
 as follows:
   2. Driving while intoxicated; per se. No person shall operate a  motor
 vehicle while such person has .08 of one per centum or more by weight of
 alcohol  in the person's blood OR IS IMPAIRED BY THE INGESTION OF A DRUG
 OR DRUGS as shown by chemical analysis of such person's  blood,  breath,
 urine  or [saliva] ORAL FLUID, OR BY AN EVALUATION CONDUCTED BY A CERTI-
 A. 8599                             3
 
 FIED DRUG RECOGNITION EXPERT, OR ANY PORTION THEREOF, made  pursuant  to
 the provisions of section eleven hundred ninety-four of this article.
   (a)  Per se. No person shall operate a motor vehicle while such person
 has .18 of one per centum or more by weight of alcohol in such  person's
 blood  OR  IS  IMPAIRED  BY THE INGESTION OF A DRUG OR DRUGS as shown by
 chemical analysis of such person's blood, breath, urine or [saliva] ORAL
 FLUID, OR BY AN EVALUATION CONDUCTED BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT,  OR  ANY  PORTION  THEREOF,  made  pursuant to the provisions of
 section eleven hundred ninety-four of this article.
   5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
 provisions  of  section  eleven  hundred ninety-five of this article, no
 person shall operate a commercial motor vehicle while  such  person  has
 .04 of one per centum or more but not more than .06 of one per centum by
 weight of alcohol in the person's blood as shown by chemical analysis of
 such  person's  blood,  breath,  urine  or [saliva] ORAL FLUID, OR BY AN
 EVALUATION CONDUCTED BY A CERTIFIED  DRUG  RECOGNITION  EXPERT,  OR  ANY
 PORTION  THEREOF,  made  pursuant  to  the  provisions of section eleven
 hundred  ninety-four  of  this  article;  provided,   however,   nothing
 contained  in this subdivision shall prohibit the imposition of a charge
 of a violation of subdivision one of this section, or of section  eleven
 hundred  ninety-two-a  of  this  article where a person under the age of
 twenty-one operates a commercial motor vehicle where a chemical analysis
 of such person's blood, breath, urine, or [saliva] ORAL FLUID, OR BY  AN
 EVALUATION  CONDUCTED  BY  A  CERTIFIED  DRUG RECOGNITION EXPERT, OR ANY
 PORTION THEREOF, made pursuant  to  the  provisions  of  section  eleven
 hundred  ninety-four  of  this article, indicates that such operator has
 .02 of one per centum or more but less than .04 of  one  per  centum  by
 weight of alcohol in such operator's blood OR WAS IMPAIRED BY THE INGES-
 TION OF A DRUG OR DRUGS.
   6.  Commercial  motor vehicles; per se - level II. Notwithstanding the
 provisions of section eleven hundred ninety-five  of  this  article,  no
 person  shall  operate  a commercial motor vehicle while such person has
 more than .06 of one per centum but less than .08 of one per  centum  by
 weight of alcohol in the person's blood as shown by chemical analysis of
 such  person's  blood,  breath,  urine  or [saliva] ORAL FLUID, OR BY AN
 EVALUATION CONDUCTED BY A CERTIFIED  DRUG  RECOGNITION  EXPERT,  OR  ANY
 PORTION  THEREOF,  made  pursuant  to  the  provisions of section eleven
 hundred  ninety-four  of  this  article;  provided,   however,   nothing
 contained  in this subdivision shall prohibit the imposition of a charge
 of a violation of subdivision one of this section.
   § 5. Section 1192-a of the vehicle and traffic law, as added by  chap-
 ter 196 of the laws of 1996, is amended to read as follows:
   § 1192-a. Operating  a  motor  vehicle  after having consumed alcohol;
 under the age of twenty-one; per se. No person under the age of  twenty-
 one  shall  operate  a  motor  vehicle  after having consumed alcohol as
 defined in this section. For purposes of this section,  a  person  under
 the  age  of  twenty-one is deemed to have consumed alcohol only if such
 person has .02 of one per centum or more but not more than  .07  of  one
 per centum by weight of alcohol in the person's blood, as shown by chem-
 ical  analysis  of  such  person's blood, breath, urine or [saliva] ORAL
 FLUID, made pursuant to the provisions of section eleven  hundred  nine-
 ty-four  of  this  article.  Any  person who operates a motor vehicle in
 violation of this section, and who is not charged with  a  violation  of
 any  subdivision  of  section  eleven hundred ninety-two of this article
 arising out of the same incident shall be referred to the department for
 action in accordance with the provisions of section eleven hundred nine-
 A. 8599                             4
 
 ty-four-a of this article. Except as otherwise provided  in  subdivision
 five  of section eleven hundred ninety-two of this article, this section
 shall not apply to a person who operates  a  commercial  motor  vehicle.
 Notwithstanding  any  provision of law to the contrary, a finding that a
 person under the age of twenty-one operated a motor vehicle after having
 consumed alcohol in violation of this  section  is  not  a  judgment  of
 conviction for a crime or any other offense.
   §  6. Clause (a), the opening paragraph of clause (b), and item (i) of
 clause (e) of subparagraph 12 of paragraph b of subdivision 2 of section
 1193 of the vehicle and traffic law, as added by chapter 732 of the laws
 of 2006, are amended to read as follows:
   (a) Notwithstanding any other provision of this chapter to the contra-
 ry, whenever a revocation is imposed upon a person for  the  refusal  to
 submit to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION  EXPERT pursuant to the provisions of section eleven hundred
 ninety-four of this article or conviction for any violation  of  section
 eleven hundred ninety-two of this article for which a sentence of impri-
 sonment  may  be  imposed,  and such person has: (i) within the previous
 four years been twice convicted of  any  provisions  of  section  eleven
 hundred  ninety-two  of this article or a violation of the penal law for
 which a violation of such section eleven hundred ninety-two is an essen-
 tial element and at least one such conviction was for a  crime,  or  has
 twice  been  found  to  have  refused to submit to a chemical test OR AN
 EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT pursuant  to
 section  eleven hundred ninety-four of this article, or has any combina-
 tion of two such convictions and findings of refusal not arising out  of
 the  same  incident;  or  (ii)  within  the  previous  eight  years been
 convicted three times of any provision of section eleven  hundred  nine-
 ty-two  of  this  article  for  which  a sentence of imprisonment may be
 imposed or a violation of the penal law for which a  violation  of  such
 section  eleven  hundred ninety-two is an essential element and at least
 two such convictions were for crimes, or has been found, on three  sepa-
 rate occasions, to have refused to submit to a chemical test OR AN EVAL-
 UATION  CONDUCTED  BY  A  CERTIFIED  DRUG RECOGNITION EXPERT pursuant to
 section eleven hundred ninety-four of this article, or has any  combina-
 tion  of such convictions and findings of refusal not arising out of the
 same incident, such revocation shall be permanent.
   The permanent driver's license revocation required by  clause  (a)  of
 this  subparagraph shall be waived by the commissioner after a period of
 five years has expired since the imposition of  such  permanent  revoca-
 tion,  provided  that  during  such five-year period such person has not
 been found to have refused a chemical test OR AN EVALUATION CONDUCTED BY
 A CERTIFIED DRUG RECOGNITION EXPERT pursuant to section  eleven  hundred
 ninety-four  of this article while operating a motor vehicle and has not
 been convicted of a violation  of  any  subdivision  of  section  eleven
 hundred  ninety-two  of  this  article or section five hundred eleven of
 this chapter or a violation of the penal law for which  a  violation  of
 any  subdivision  of such section eleven hundred ninety-two is an essen-
 tial element and either:
   (i) that during such eight-year period such person has not been  found
 to  have  refused a chemical test OR AN EVALUATION CONDUCTED BY A CERTI-
 FIED DRUG RECOGNITION EXPERT pursuant to section eleven hundred  ninety-
 four  of  this  article while operating a motor vehicle and has not been
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two  of this article or section five hundred eleven of this chap-
 ter or a violation of the penal law for which a violation  of  any  such
 A. 8599                             5

 subdivisions  of  such section eleven hundred ninety-two is an essential
 element; and
   §  7. The opening paragraph and item (i) of clause b of subparagraph 3
 of paragraph (e) of subdivision 2 of section 1193  of  the  vehicle  and
 traffic  law,  as  amended  by section 17 of part E of chapter 60 of the
 laws of 2005, are amended to read as follows:
   Any person who holds a commercial driver's license and is convicted of
 a violation of any subdivision of section eleven hundred  ninety-two  of
 this article who has had a prior finding of refusal to submit to a chem-
 ical  test  OR  AN  EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT pursuant to section eleven hundred ninety-four of this article or
 has had a prior conviction of  any  of  the  following  offenses:    any
 violation  of  section  eleven  hundred  ninety-two of this article; any
 violation of subdivision one or two of section six hundred of this chap-
 ter; or has a prior conviction of any felony  involving  the  use  of  a
 motor  vehicle  pursuant  to paragraph (a) of subdivision one of section
 five hundred ten-a of this chapter, shall  be  permanently  disqualified
 from  operating  a  commercial motor vehicle. The commissioner may waive
 such disqualification and  prohibition  hereinbefore  provided  after  a
 period of ten years has expired from such sentence provided:
   (i) that during such ten year period such person has not been found to
 have  refused  a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
 DRUG RECOGNITION EXPERT pursuant to section eleven  hundred  ninety-four
 of  this  article  while  operating  a  motor  vehicle  and has not been
 convicted of any one of the following offenses while operating  a  motor
 vehicle:  any  violation  of  section  eleven hundred ninety-two of this
 article; any violation of subdivision one or two of section six  hundred
 of  this  chapter; or has a prior conviction of any felony involving the
 use of a motor vehicle pursuant to paragraph (a) of subdivision  one  of
 section five hundred ten-a of this chapter;
   § 8. The subparagraph heading and clauses a and b of subparagraph 7 of
 paragraph  (e) of subdivision 2 of section 1193 of the vehicle and traf-
 fic law, as added by chapter 312 of  the  laws  of  1994,  clause  a  as
 amended  by  chapter  732 of the laws of 2006 and clause b as separately
 amended by chapters 3 and 571 of the laws of 2002, are amended  to  read
 as follows:
   Suspension  pending  prosecution;  excessive  blood alcohol content OR
 IMPAIRMENT BY A DRUG OR DRUGS. a. Except as provided in  clause  a-1  of
 this  subparagraph,  a  court  shall suspend a driver's license, pending
 prosecution, of any person charged with a violation of subdivision  two,
 two-a,  three  or  four-a  of  section eleven hundred ninety-two of this
 article who, at the time of arrest, is alleged to have had  .08  of  one
 percent  or  more  by  weight  of  alcohol  in such driver's blood OR IS
 ALLEGED TO HAVE BEEN IMPAIRED BY THE INGESTION OF A  DRUG  OR  DRUGS  as
 shown  by  chemical  analysis  of  blood, breath, urine or [saliva] ORAL
 FLUID, OR BY AN EVALUATION CONDUCTED BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT,  OR  ANY  PORTION  THEREOF,  made pursuant to subdivision two or
 three of section eleven hundred ninety-four  of  this  article,  OR  THE
 DRIVER MAKES A STATEMENT ADMITTING TO DRIVING WHILE INTOXICATED BY ALCO-
 HOL OR WHILE IMPAIRED BY A DRUG OR DRUGS.
   b.  The suspension occurring under clause a of this subparagraph shall
 occur no later than at the conclusion of all  proceedings  required  for
 the  arraignment  and  the suspension occurring under clause a-1 of this
 subparagraph shall occur immediately after the holder's first appearance
 before the court on the charge which shall, whenever  possible,  be  the
 next regularly scheduled session of the court after the arrest or at the
 A. 8599                             6
 
 conclusion  of  all  proceedings required for the arraignment; provided,
 however, that if the  results  of  any  test  administered  pursuant  to
 section  eleven  hundred  ninety-four  of this article are not available
 within  such time period, the complainant police officer or other public
 servant shall transmit such results to the court at the time they become
 available, and the court shall, as soon  as  practicable  following  the
 receipt  of such results and in compliance with the requirements of this
 subparagraph, suspend such license. In order for  the  court  to  impose
 such  suspension it must find that the accusatory instrument conforms to
 the requirements of section 100.40 of the  criminal  procedure  law  and
 there  exists  reasonable  cause  to  believe either that (a) the holder
 operated a motor vehicle while such holder had .08  of  one  percent  or
 more  by weight of alcohol OR WAS IMPAIRED BY THE INGESTION OF A DRUG OR
 DRUGS in [his or her] THEIR blood as was shown by chemical  analysis  of
 such  person's  blood,  breath,  urine  or [saliva] ORAL FLUID, OR BY AN
 EVALUATION CONDUCTED BY A CERTIFIED  DRUG  RECOGNITION  EXPERT,  OR  ANY
 PORTION  THEREOF,  made  pursuant  to  the  provisions of section eleven
 hundred ninety-four of this article, OR THE  DRIVER  MAKES  A  STATEMENT
 ADMITTING TO DRIVING WHILE INTOXICATED BY ALCOHOL OR WHILE IMPAIRED BY A
 DRUG  OR  DRUGS,  or  (b)  the person was the holder of a class DJ or MJ
 learner's permit or a class DJ or MJ driver's  license  and  operated  a
 motor vehicle while such holder was in violation of subdivision one, two
 and/or  three  of  section eleven hundred ninety-two of this article. At
 the time of such license suspension the holder shall be entitled  to  an
 opportunity  to make a statement regarding these two issues and to pres-
 ent evidence tending to rebut the court's findings.
   § 9. 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, paragraphs (b) and (c) of subdivision 2
 as amended by chapter 489 of the laws of 2017, clause  (A)  of  subpara-
 graph  1, subparagraphs 2 and 3 of paragraph (b), subparagraphs 1, 2 and
 3 of paragraph (c) of subdivision 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, 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, and subparagraph 1 of
 paragraph (a) of subdivision 4 as amended by chapter 169 of the laws  of
 2010, is amended to read as follows:
   § 1194. Arrest  and  testing. 1. Arrest and field testing. (a) Arrest.
 Notwithstanding the provisions of section 140.10 of the criminal  proce-
 dure  law,  a police officer may, without a warrant, arrest a person, in
 case of a violation of subdivision one of section eleven  hundred  nine-
 ty-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 ORAL FLUID TEST to be  administered  by
 the  police  officer.  If  such  test  indicates  that such operator has
 consumed alcohol OR A DRUG OR DRUGS, the police officer may request such
 operator to submit to a chemical test AND AN EVALUATION CONDUCTED  BY  A
 CERTIFIED DRUG RECOGNITION EXPERT in the manner set forth in subdivision
 two of this section.
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   (C)  REFUSAL TO SUBMIT TO A BREATH TEST OR ORAL FLUID TEST PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRACTION, SUBJECT
 TO PENALTIES AS DEFINED IN SECTION EIGHTEEN HUNDRED OF THIS CHAPTER.
   2.  Chemical  tests  AND  CERTIFIED DRUG RECOGNITION EVALUATIONS.  (a)
 When authorized. Any person who operates a motor vehicle in  this  state
 shall  be  deemed  to have given consent to AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT, AND a chemical test of one or more of
 the following: breath, blood, urine, or [saliva]  ORAL  FLUID,  for  the
 purpose  of determining the alcoholic and/or drug content [of the blood]
 WITHIN SUCH PERSON'S BODY, provided that such test is administered by or
 at the direction of a police officer with respect to a chemical test  of
 breath, urine or [saliva] ORAL FLUID or, with respect to a chemical test
 of blood, at the direction of a police officer:
   (1)  having  reasonable  grounds  to  believe such person to have been
 operating in violation of any  subdivision  of  section  eleven  hundred
 ninety-two  of  this  article and within two hours after such person has
 been placed under arrest for any such violation;  or  having  reasonable
 grounds  to  believe  such person to have been operating in violation of
 section eleven hundred ninety-two-a of this article and within two hours
 after the stop of such person for any such violation,
   (2) within two hours after a  breath  test  OR  ORAL  FLUID  TEST,  as
 provided  in paragraph (b) of subdivision one of this section, indicates
 that alcohol [has] OR A DRUG OR DRUGS HAVE 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) for the  purposes  of  this  paragraph,  "reasonable  grounds"  to
 believe  that  a  person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article  shall  be  determined  by viewing the totality of circum-
 stances surrounding the incident which, when  taken  together,  indicate
 that  the  operator  was  driving in violation of such subdivision. Such
 circumstances may include any visible or behavioral indication of  alco-
 hol  consumption  by  the  operator,  the existence of an open container
 containing or having contained an alcoholic beverage in  or  around  the
 vehicle  driven  by  the operator, or any other evidence surrounding the
 circumstances of the incident which indicates that the operator has been
 operating a motor vehicle after having consumed alcohol at the  time  of
 the incident; or
   (4)  notwithstanding  any  other  provision of law to the contrary, no
 person under the age of twenty-one shall  be  arrested  for  an  alleged
 violation  of  section  eleven  hundred  ninety-two-a  of  this article.
 However, a person under the age of twenty-one for whom a  chemical  test
 OR  AN  EVALUATION  CONDUCTED  BY A CERTIFIED DRUG RECOGNITION EXPERT is
 authorized pursuant to this paragraph may be temporarily detained by the
 police solely for the purpose of requesting or administering such chemi-
 cal test OR AN EVALUATION CONDUCTED  BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT  whenever  arrest  without a warrant for a petty offense would be
 authorized in accordance with the provisions of section  140.10  of  the
 criminal  procedure  law  or  paragraph  (a)  of subdivision one of this
 section.
   (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
 under  arrest;  or  (B)  after a breath OR ORAL FLUID test indicates the
 presence of alcohol OR A DRUG OR DRUGS in the person's  system;  or  (C)
 with  regard  to a person under the age of twenty-one, there are reason-
 able grounds to believe that such person  has  been  operating  a  motor
 vehicle  after  having  consumed  alcohol in violation of section eleven
 A. 8599                             8
 
 hundred  ninety-two-a  of  this  article;  and  having  thereafter  been
 requested  to submit to such chemical test OR AN EVALUATION CONDUCTED BY
 A CERTIFIED DRUG RECOGNITION EXPERT and having been  informed  that  the
 person's license or permit to drive and any non-resident operating priv-
 ilege  shall  be immediately suspended and subsequently revoked, or, for
 operators under the age of twenty-one  for  whom  there  are  reasonable
 grounds to believe that such operator has been operating a motor vehicle
 after  having  consumed  alcohol  in violation of section eleven hundred
 ninety-two-a of this article, shall be revoked for refusal to submit  to
 such chemical test or any portion thereof, OR AN EVALUATION CONDUCTED BY
 A  CERTIFIED  DRUG  RECOGNITION EXPERT OR ANY PORTION THEREOF whether or
 not the person is found guilty of the charge for which  such  person  is
 arrested  or  detained,  refuses  to submit to such chemical test or any
 portion thereof[, unless a court order  has  been  granted  pursuant  to
 subdivision  three  of  this  section]  OR  AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF, the test shall
 not be given and a written report of such refusal shall  be  immediately
 made  by  the  police  officer  before  whom such refusal was made. Such
 report may be verified by having the report sworn to, or by affixing  to
 such report a form notice that false statements made therein are punish-
 able  as  a  class A misdemeanor pursuant to section 210.45 of the penal
 law and such form notice together with the subscription of the  deponent
 shall constitute a verification of the report.
   (2)  The  report  of  the  police  officer  shall set forth reasonable
 grounds to believe such arrested person or such  detained  person  under
 the  age  of twenty-one had been driving in violation of any subdivision
 of section eleven hundred ninety-two or eleven hundred  ninety-two-a  of
 this  article,  that  said person had refused to submit to such chemical
 test, [and that no  chemical  test  was  administered  pursuant  to  the
 requirements  of  subdivision  three  of  this section] OR AN EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF.
 The report shall be presented  to  the  court  upon  arraignment  of  an
 arrested  person,  provided,  however, in the case of a person under the
 age of twenty-one, for whom  a  test  was  authorized  pursuant  to  the
 provisions  of subparagraph two or three of paragraph (a) of this subdi-
 vision, and who has not been placed under arrest for a violation of  any
 of  the provisions of section eleven hundred ninety-two of this article,
 such report shall be forwarded to the  commissioner  within  forty-eight
 hours  in  a manner to be prescribed by the commissioner, and all subse-
 quent proceedings with regard to refusal to submit to such chemical test
 OR AN EVALUATION CONDUCTED BY A CERTIFIED  DRUG  RECOGNITION  EXPERT  by
 such person shall be as set forth in subdivision three of section eleven
 hundred ninety-four-a of this article.
   (3) For persons placed under arrest for a violation of any subdivision
 of  section  eleven  hundred  ninety-two of this article, the license or
 permit to drive and any non-resident operating privilege shall, upon the
 basis of such written report, be  temporarily  suspended  by  the  court
 without  notice  pending  the  determination of a hearing as provided in
 paragraph (c) of this subdivision. Copies of such report must be  trans-
 mitted  by the court to the commissioner and such transmittal may not be
 waived even with the consent of all the parties. Such  report  shall  be
 forwarded  to the commissioner within forty-eight hours of such arraign-
 ment.
   (4) The court or the police officer, in the case of a person under the
 age of twenty-one alleged to be driving after having  consumed  alcohol,
 shall  provide such person with a scheduled hearing date, a waiver form,
 A. 8599                             9
 
 and such other information as may be required by the commissioner. If  a
 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
 vision three of section eleven hundred ninety-four-a of this article, is
 waived  by  such  person,  the commissioner shall immediately revoke the
 license, permit, or non-resident operating privilege, as of the date  of
 receipt  of  such  waiver in accordance with the provisions of paragraph
 (d) of this subdivision.
   (c) Hearings. Any person whose license or permit to drive or any  non-
 resident  driving privilege has been suspended pursuant to paragraph (b)
 of this subdivision is entitled to a hearing in accordance with a  hear-
 ing  schedule  to  be promulgated by the commissioner. If the department
 fails to provide for such hearing fifteen days after  the  date  of  the
 arraignment  of  the  arrested  person,  the license, permit to drive or
 non-resident operating privilege of  such  person  shall  be  reinstated
 pending a hearing pursuant to this section. The hearing shall be limited
 to  the  following  issues:  (1)  did the police officer have reasonable
 grounds to believe that such person had been driving in violation of any
 subdivision of section eleven hundred ninety-two of  this  article;  (2)
 did the police officer make a lawful arrest of such person; (3) was such
 person given sufficient warning, in clear or unequivocal language, prior
 to such refusal that such refusal to submit to such chemical test or any
 portion thereof, OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNI-
 TION  EXPERT  OR  ANY  PORTION  THEREOF,  would  result in the immediate
 suspension and subsequent revocation of such person's license or operat-
 ing privilege whether or not such person is found guilty of  the  charge
 for  which the arrest was made; and (4) did such person refuse to submit
 to such chemical test or any portion thereof, OR AN EVALUATION CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT OR  ANY  PORTION  THEREOF.    If,
 after such hearing, the hearing officer, acting on behalf of the commis-
 sioner,  finds  on  any  one of said issues in the negative, the hearing
 officer shall immediately terminate any  suspension  arising  from  such
 refusal.  If,  after such hearing, the hearing officer, acting on behalf
 of the commissioner finds all of the issues  in  the  affirmative,  such
 officer  shall  immediately revoke the license or permit to drive or any
 non-resident operating privilege in accordance with  the  provisions  of
 paragraph  (d)  of  this  subdivision. A person who has had a license or
 permit to drive or non-resident operating privilege suspended or revoked
 pursuant to this subdivision may appeal  the  findings  of  the  hearing
 officer  in  accordance  with  the provisions of article three-A of this
 chapter. Any person may waive the right to a hearing under this section.
 Failure by such person to appear for the scheduled hearing shall consti-
 tute a waiver of such hearing, provided, however, that such  person  may
 petition  the commissioner for a new hearing which shall be held as soon
 as practicable.
   (d) Sanctions. (1) Revocations. a. Any license which has been  revoked
 pursuant  to paragraph (c) of this subdivision shall not be restored for
 at least one year after such revocation, nor thereafter, except  in  the
 discretion  of  the  commissioner.  However,  no  such  license shall be
 restored for at least eighteen months after such revocation, nor  there-
 after  except  in  the discretion of the commissioner, in any case where
 the person has had a prior revocation resulting from refusal  to  submit
 to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOG-
 NITION  EXPERT OR ANY PORTION THEREOF, or has been convicted of or found
 to be in violation of any subdivision of section eleven hundred  ninety-
 two  or  section eleven hundred ninety-two-a of this article not arising
 out of the same incident, within the five  years  immediately  preceding
 A. 8599                            10
 
 the  date  of such revocation; provided, however, a prior finding that a
 person under the age of twenty-one has refused to submit to  a  chemical
 test  OR  AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT
 OR  ANY  PORTION THEREOF pursuant to subdivision three of section eleven
 hundred ninety-four-a of this article shall have the same  effect  as  a
 prior  finding  of a refusal pursuant to this subdivision solely for the
 purpose of determining the length of any license suspension  or  revoca-
 tion  required  to  be  imposed  under  any  provision  of this article,
 provided that the subsequent offense or refusal is committed or occurred
 prior to the expiration of the retention period for such  prior  refusal
 as  set forth in paragraph (k) of subdivision one of section two hundred
 one of this chapter.
   b. Any license which has been revoked pursuant  to  paragraph  (c)  of
 this  subdivision  or  pursuant  to  subdivision three of section eleven
 hundred ninety-four-a of this article, where the holder  was  under  the
 age  of  twenty-one  years  at  the  time  of such refusal, shall not be
 restored for at least one year, nor thereafter, except in the discretion
 of the commissioner. Where such person under the age of twenty-one years
 has a  prior  finding,  conviction  or  youthful  offender  adjudication
 resulting  from  a  violation  of  section  eleven hundred ninety-two or
 section eleven hundred ninety-two-a of this article,  not  arising  from
 the  same  incident, such license shall not be restored for at least one
 year or until such person reaches the age of twenty-one years, whichever
 is the greater period of time, nor thereafter, except in the  discretion
 of the commissioner.
   c.  Any commercial driver's license which has been revoked pursuant to
 paragraph (c) of this subdivision based upon a  finding  of  refusal  to
 submit to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION  EXPERT  OR  ANY  PORTION THEREOF, where such finding occurs
 within or outside of this state, shall not  be  restored  for  at  least
 eighteen  months  after  such  revocation, nor thereafter, except in the
 discretion of the commissioner, but shall not be restored for  at  least
 three  years  after  such  revocation,  nor  thereafter,  except  in the
 discretion of the commissioner, if the holder of such license was  oper-
 ating a commercial motor vehicle transporting hazardous materials at the
 time of such refusal. However, such person shall be permanently disqual-
 ified  from  operating  a commercial motor vehicle in any case where the
 holder has a prior finding of refusal to submit to a chemical test OR AN
 EVALUATION THEREOF CONDUCTED BY A CERTIFIED DRUG RECOGNITION  EXPERT  OR
 ANY  PORTION  THEREOF pursuant to this section or has a prior conviction
 of any of the  following  offenses:  any  violation  of  section  eleven
 hundred  ninety-two of this article; any violation of subdivision one or
 two of section six hundred of this chapter; or has a prior conviction of
 any felony involving the use of a motor vehicle  pursuant  to  paragraph
 (a)  of  subdivision  one of section five hundred ten-a of this chapter.
 Provided that the commissioner may waive such permanent revocation after
 a period of ten years has expired from such revocation provided:
   (i) that during such ten year period such person has not been found to
 have refused a chemical test OR AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG  RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section
 and has not been convicted of any one of  the  following  offenses:  any
 violation  of section eleven hundred ninety-two of this article; refusal
 to submit to a chemical test OR AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section;
 any  violation  of subdivision one or two of section six hundred of this
 chapter; or has a prior conviction of any felony involving the use of  a
 A. 8599                            11

 motor  vehicle  pursuant  to paragraph (a) of subdivision one of section
 five hundred ten-a of this chapter;
   (ii) that such person provides acceptable documentation to the commis-
 sioner  that  such person is not in need of alcohol or drug treatment or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed a certificate of relief from disabilities or a  certificate  of  good
 conduct  pursuant  to  article twenty-three of the correction law by the
 court in which such person was last penalized.
   d. Upon a third finding of refusal and/or conviction  of  any  of  the
 offenses  which  require a permanent commercial driver's license revoca-
 tion, such permanent revocation may not be waived  by  the  commissioner
 under any circumstances.
   (2)  Civil  penalties.  Except as otherwise provided, any person whose
 license, permit to drive, or any  non-resident  operating  privilege  is
 revoked  pursuant to the provisions of this section shall also be liable
 for a civil penalty in the amount of five hundred dollars except that if
 such revocation is a second or subsequent revocation  pursuant  to  this
 section  issued  within  a  five  year  period,  or such person has been
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two of this article within the past five years not arising out of
 the  same  incident,  the  civil penalty shall be in the amount of seven
 hundred fifty dollars. Any person whose license is revoked  pursuant  to
 the provisions of this section based upon a finding of refusal to submit
 to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOG-
 NITION  EXPERT OR ANY PORTION THEREOF while operating a commercial motor
 vehicle shall also be liable for a civil penalty of five  hundred  fifty
 dollars  except  that  if  such person has previously been found to have
 refused a chemical test OR AN EVALUATION CONDUCTED BY A  CERTIFIED  DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section while
 operating a commercial motor vehicle or has a prior conviction of any of
 the  following  offenses while operating a commercial motor vehicle: any
 violation of section eleven hundred  ninety-two  of  this  article;  any
 violation  of subdivision two of section six hundred of this chapter; or
 has a prior conviction of any felony involving the use of  a  commercial
 motor  vehicle  pursuant  to paragraph (a) of subdivision one of section
 five hundred ten-a of this chapter, then  the  civil  penalty  shall  be
 seven  hundred fifty dollars. No new driver's license or permit shall be
 issued, or non-resident operating  privilege  restored  to  such  person
 unless  such  penalty  has  been  paid.  All  penalties collected by the
 department pursuant to the provisions of this section shall be the prop-
 erty of the state and shall be paid into the general fund of  the  state
 treasury.
   (3)  Effect of rehabilitation program. No period of revocation arising
 out of this section may be set aside by the commissioner for the  reason
 that  such  person  was  a participant in the alcohol and drug rehabili-
 tation program set forth in section eleven hundred  ninety-six  of  this
 article.
   (e)  Regulations.  The  commissioner  shall  promulgate such rules and
 regulations as may be necessary to effectuate the provisions of subdivi-
 sions one and two of this section.
   (f) Evidence. Evidence of a refusal to submit to such chemical test OR
 AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION  EXPERT  or  any
 portion  thereof shall be admissible in any trial, proceeding or hearing
 based upon a violation of the provisions of section eleven hundred nine-
 ty-two of this article but only upon a showing that the person was given
 A. 8599                            12
 
 sufficient warning, in clear and unequivocal language, of the effect  of
 such  refusal and that the person persisted in the refusal.  EVIDENCE OF
 A REFUSAL SHALL BE ADMISSIBLE PURSUANT TO THIS SECTION REGARDLESS OF THE
 TIME OF THE REFUSAL.
   (g)  Results.  Upon  the  request  of  the  person who was tested, the
 results of such test shall be made available to such person.
   3. Compulsory chemical tests AND  CERTIFIED  DRUG  RECOGNITION  EVALU-
 ATIONS.  (a) Court ordered chemical tests AND CERTIFIED DRUG RECOGNITION
 EVALUATIONS.   Notwithstanding the provisions of subdivision two of this
 section, no person who operates a motor vehicle in this state may refuse
 to submit to a chemical test OR AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG  RECOGNITION EXPERT of one or more of the following: breath, blood,
 urine or [saliva] ORAL FLUIDS, for the purpose of determining the  alco-
 holic and/or drug content of the blood OR ORAL FLUIDS when a court order
 for such chemical test OR CERTIFIED DRUG RECOGNITION EVALUATION has been
 issued in accordance with the provisions of this subdivision.
   (b)  When authorized. Upon refusal by any person to submit to a chemi-
 cal test OR AN EVALUATION CONDUCTED  BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT or any portion thereof as described above, the test OR EVALUATION
 shall  not  be  given unless a police officer or a district attorney, as
 defined in subdivision thirty-two of section 1.20 of the criminal proce-
 dure law, requests and obtains a court  order  to  compel  a  person  to
 submit to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION  EXPERT  to  determine  the alcoholic or drug content of the
 person's blood OR ORAL FLUIDS upon a  finding  of  reasonable  cause  to
 believe that:
   (1)  such person was the operator of a motor vehicle and in the course
 of such operation [a person  other  than  the  operator  was  killed  or
 suffered  serious  physical  injury  as  defined in section 10.00 of the
 penal law]: THE MOTOR VEHICLE WAS INVOLVED IN A CRASH;  PERSONAL  INJURY
 HAS  BEEN  CAUSED  TO  ANOTHER  PERSON, DUE TO AN INCIDENT INVOLVING THE
 MOTOR VEHICLE OPERATED BY SUCH PERSON; OR SUCH  PERSON  HAS  A  PREVIOUS
 CONVICTION  FOR A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
 NINETY-TWO OF THIS ARTICLE; and
   (2) a. either such person operated the vehicle  in  violation  of  any
 subdivision of section eleven hundred ninety-two of this article, or
   b.  a  breath TEST OR ORAL FLUID test administered by a police officer
 in accordance with paragraph (b) of  subdivision  one  of  this  section
 indicates  that  alcohol  OR  A  DRUG OR DRUGS has been consumed by such
 person; and
   (3) such person has been placed under lawful arrest; and
   (4) such person has refused to submit to a chemical test OR AN  EVALU-
 ATION  CONDUCTED  BY  A  RECOGNITION  EXPERT,  or  any  portion thereof,
 requested in accordance with the provisions of paragraph (a) of subdivi-
 sion two of this section or is unable to give consent to such a test  OR
 EVALUATION.
   (c)  Reasonable cause; definition. For the purpose of this subdivision
 "reasonable cause" shall  be  determined  by  viewing  the  totality  of
 circumstances surrounding the incident which, when taken together, indi-
 cate  that  the  operator  was  driving  in  violation of section eleven
 hundred ninety-two of this article. Such circumstances may include,  but
 are  not  limited  to:  evidence that the operator was operating a motor
 vehicle in violation of any provision  of  this  article  or  any  other
 moving  violation at the time of the incident; any visible indication of
 alcohol or drug consumption or impairment by the operator; the existence
 of an open container containing an alcoholic beverage OR A DRUG OR DRUGS
 A. 8599                            13
 
 in or around the vehicle driven by  the  operator;  any  other  evidence
 surrounding  the  circumstances of the incident which indicates that the
 operator has been operating  a  motor  vehicle  while  impaired  by  the
 consumption  of alcohol or drugs or intoxicated at the time of the inci-
 dent.
   (d) Court order; procedure. (1) An application for a  court  order  to
 compel  submission  to  a  chemical test OR AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT, or any portion thereof, may  be  made
 to any supreme court justice, county court judge or district court judge
 in the judicial district in which the incident occurred, or if the inci-
 dent  occurred  in the city of New York before any supreme court justice
 or judge of the criminal court of the city of New York. Such application
 may be communicated by telephone, radio or  other  means  of  electronic
 communication, or in person.
   (2)  The  applicant  must provide identification by name and title and
 must state the purpose of the communication. Upon being advised that  an
 application for a court order to compel submission to a chemical test OR
 AN  EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT is being
 made, the court shall place under  oath  the  applicant  and  any  other
 person  providing  information in support of the application as provided
 in subparagraph three of this paragraph. After being sworn the applicant
 must state that the person from whom the chemical test OR AN  EVALUATION
 CONDUCTED  BY  A CERTIFIED DRUG RECOGNITION EXPERT was requested was the
 operator of a motor vehicle and in  the  course  of  such  operation  [a
 person,  other  than the operator, has been killed or seriously injured]
 THE MOTOR VEHICLE WAS INVOLVED IN A  CRASH,  PERSONAL  INJURY  HAS  BEEN
 CAUSED  TO ANOTHER PERSON DUE TO AN INCIDENT INVOLVING THE MOTOR VEHICLE
 OPERATED BY SUCH PERSON, OR SUCH PERSON HAS  A  PREVIOUS  ARREST  FOR  A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS ARTICLE, and, based upon the totality of  circumstances,  there  is
 reasonable cause to believe that such person was operating a motor vehi-
 cle in violation of any subdivision of section eleven hundred ninety-two
 of  this article and, after being placed under lawful arrest such person
 refused to submit to a chemical test OR AN  EVALUATION  CONDUCTED  BY  A
 CERTIFIED DRUG RECOGNITION EXPERT, or any portion thereof, in accordance
 with the provisions of this section or is unable to give consent to such
 a  test  OR  EVALUATION  or any portion thereof. The applicant must make
 specific allegations of fact to support such statement. Any other person
 properly identified, may present sworn allegations of fact in support of
 the applicant's statement.
   (3) Upon being advised that an oral application for a court  order  to
 compel  a person to submit to a chemical test OR AN EVALUATION CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT is being made, a judge or justice
 shall place under oath the applicant  and  any  other  person  providing
 information in support of the application. Such oath or oaths and all of
 the remaining communication must be recorded, either by means of a voice
 recording device or verbatim stenographic or verbatim longhand notes. If
 a  voice  recording  device  is  used or a stenographic record made, the
 judge must have the record transcribed, certify to the accuracy  of  the
 transcription  and  file  the original record and transcription with the
 court within seventy-two hours of the issuance of the  court  order.  If
 the  longhand notes are taken, the judge shall subscribe a copy and file
 it with the court within twenty-four hours of the issuance of the order.
   (4) If the court is satisfied that the requirements for  the  issuance
 of  a  court  order  pursuant to the provisions of paragraph (b) of this
 subdivision have been met, it may grant the  application  and  issue  an
 A. 8599                            14
 
 order  requiring  the  accused to submit to a chemical test OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT to determine  the
 alcoholic  and/or drug content of [his] THEIR blood [and] OR ORAL FLUIDS
 AND  ordering  the withdrawal of a blood OR ORAL FLUID sample in accord-
 ance with the provisions of paragraph (a) of subdivision  four  of  this
 section.  When a judge or justice determines to issue an order to compel
 submission to a chemical test OR AN EVALUATION CONDUCTED BY A  CERTIFIED
 DRUG  RECOGNITION  EXPERT  based  on  an oral application, the applicant
 therefor shall prepare the order in accordance with the instructions  of
 the  judge or justice.  In all cases the order shall include the name of
 the issuing judge or justice, the name of the applicant,  and  the  date
 and  time  it was issued.   It must be signed by the judge or justice if
 issued in person, or by the applicant if issued orally.
   (5) Any false statement by an applicant or any other person in support
 of an application for a court order shall subject  such  person  to  the
 offenses  for  perjury set forth in article two hundred ten of the penal
 law.
   (6) The chief administrator of the courts shall establish  a  schedule
 to provide that a sufficient number of judges or justices will be avail-
 able  in  each  judicial  district  to  hear oral applications for court
 orders as permitted by this section.
   (e) Administration of  compulsory  chemical  test  OR  CERTIFIED  DRUG
 RECOGNITION  EVALUATION.   An order issued pursuant to the provisions of
 this subdivision shall require that a chemical  test  OR  AN  EVALUATION
 CONDUCTED  BY A CERTIFIED DRUG RECOGNITION EXPERT to determine the alco-
 holic and/or drug content of the operator's blood OR ORAL FLUID must  be
 administered.  The provisions of paragraphs (a), (b) and (c) of subdivi-
 sion four of this section shall be applicable to any  chemical  test  OR
 EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT administered
 pursuant to this section.
   4. Testing procedures. (a) Persons authorized to withdraw blood; immu-
 nity;  testimony.  (1) At the request of a police officer, the following
 persons may withdraw blood for the purpose of determining the  alcoholic
 or  drug  content  therein:  (i)  a physician, a registered professional
 nurse, a registered physician assistant, a certified nurse practitioner,
 or an advanced emergency medical technician as certified by the  depart-
 ment  of health; or (ii) under the supervision and at the direction of a
 physician, registered physician assistant or certified nurse practition-
 er acting within [his or her] THEIR lawful scope of  practice,  or  upon
 the  express  consent  of the person eighteen years of age or older from
 whom such blood is to be withdrawn: a clinical laboratory technician  or
 clinical  laboratory  technologist  licensed  pursuant  to  article  one
 hundred sixty-five of the education law; a phlebotomist;  or  a  medical
 laboratory  technician  or  medical  technologist employed by a clinical
 laboratory approved under title five  of  article  five  of  the  public
 health  law.  This  limitation shall not apply to the taking of a urine,
 [saliva] ORAL FLUID or breath specimen.
   (2) No person entitled to withdraw blood pursuant to subparagraph  one
 of  this  paragraph  or  hospital  employing  such  person, and no other
 employer of such person shall be sued or held liable for any act done or
 omitted in the course of withdrawing blood at the request  of  a  police
 officer pursuant to this section.
   (3)  Any  person who may have a cause of action arising from the with-
 drawal of blood as aforesaid, for which  no  personal  liability  exists
 under  subparagraph  two  of  this  paragraph,  may maintain such action
 against the state if any person entitled to withdraw blood  pursuant  to
 A. 8599                            15
 
 paragraph  (a)  hereof acted at the request of a police officer employed
 by the state, or against the appropriate political  subdivision  of  the
 state  if  such person acted at the request of a police officer employed
 by  a  political subdivision of the state. No action shall be maintained
 pursuant to this subparagraph unless notice of claim is  duly  filed  or
 served in compliance with law.
   (4)  Notwithstanding  the  foregoing  provisions  of this paragraph an
 action may be maintained by the state or a political subdivision thereof
 against a person entitled to withdraw blood pursuant to subparagraph one
 of this paragraph or hospital employing such person  for  whose  act  or
 omission  the  state  or  the political subdivision has been held liable
 under this paragraph  to  recover  damages,  not  exceeding  the  amount
 awarded  to  the  claimant, that may have been sustained by the state or
 the political subdivision by reason of gross negligence or bad faith  on
 the part of such person.
   (5)  The  testimony  of any person other than a physician, entitled to
 withdraw blood pursuant  to  subparagraph  one  of  this  paragraph,  in
 respect  to  any  such  withdrawal  of  blood made by such person may be
 received in evidence with the same weight, force and effect as  if  such
 withdrawal of blood were made by a physician.
   (6)  The provisions of subparagraphs two, three and four of this para-
 graph shall also apply with regard to any person employed by a  hospital
 as security personnel for any act done or omitted in the course of with-
 drawing  blood  at  the  request of a police officer pursuant to a court
 order in accordance with subdivision three of this section.
   (b) Right to additional test. The person tested shall be permitted  to
 choose  a physician to administer a chemical test in addition to the one
 administered at the direction of the police officer.
   (c) Rules and regulations. The department of health  shall  issue  and
 file  rules and regulations approving satisfactory techniques or methods
 of conducting chemical analyses of a person's blood,  urine,  breath  or
 [saliva]  ORAL  FLUID and to ascertain the qualifications and competence
 of individuals to conduct and supervise chemical analyses of a  person's
 blood,  urine, breath or [saliva] ORAL FLUID.  If the analyses were made
 by an individual possessing a permit issued by the department of health,
 this shall be presumptive evidence that  the  examination  was  properly
 given. The provisions of this paragraph do not prohibit the introduction
 as  evidence  of  an  analysis made by an individual other than a person
 possessing a permit issued by the department of health.
   § 10. Paragraph (a) of subdivision 1 of section 1194-a of the  vehicle
 and traffic law, as added by chapter 196 of the laws of 1996, is amended
 to read as follows:
   (a)  Whenever  a chemical test of the breath, blood, urine or [saliva]
 ORAL FLUID of an operator who is under the age of  twenty-one  indicates
 that  such  person  has operated a motor vehicle in violation of section
 eleven hundred ninety-two-a of this article,  and  such  person  is  not
 charged  with  violating any subdivision of section eleven hundred nine-
 ty-two arising out of the same incident, the police officer who adminis-
 tered the test shall forward a report of the results of such test to the
 department within twenty-four hours of the time when  such  results  are
 available  in  a manner prescribed by the commissioner, and the operator
 shall be given a hearing notice as provided in subdivision one-a of this
 section, to appear before a hearing officer  in  the  county  where  the
 chemical  test  was  administered,  or in an adjoining county under such
 circumstances as prescribed by the commissioner, on a date to be  estab-
 lished  in  accordance  with a schedule promulgated by the commissioner.
 A. 8599                            16
 
 Such hearing shall occur within  thirty  days  of,  but  not  less  than
 forty-eight  hours  from,  the  date that the chemical test was adminis-
 tered, provided, however, where the commissioner determines, based  upon
 the availability of hearing officers and the anticipated volume of hear-
 ings at a particular location, that the scheduling of such hearing with-
 in thirty days would impair the timely scheduling or conducting of other
 hearings  pursuant  to  this chapter, such hearing shall be scheduled at
 the next hearing date for such particular location. When  providing  the
 operator with such hearing notice, the police officer shall also give to
 the  operator,  and  shall,  prior  to  the commencement of the hearing,
 provide to the department, copies of the  following  reports,  documents
 and  materials:  any  written  report  or  document, or portion thereof,
 concerning a physical examination,  a  scientific  test  or  experiment,
 including the most recent record of inspection, or calibration or repair
 of  machines or instruments utilized to perform such scientific tests or
 experiments and the certification certificate, if any, held by the oper-
 ator of the machine or instrument, which tests or examinations were made
 by or at the request or direction of a public  servant  engaged  in  law
 enforcement activity. The report of the police officer shall be verified
 by  having  the  report  sworn  to, or by affixing to such report a form
 notice that false statements made therein are punishable as  a  class  A
 misdemeanor  pursuant  to  section 210.45 of the penal law and such form
 notice together with the subscription of the deponent  shall  constitute
 verification of the report.
   §  11. Subdivision 2 of section 1198-a of the vehicle and traffic law,
 as amended by chapter 496 of the laws of 2009, is  amended  to  read  as
 follows:
   2.  Procedure.  (a)  Mandatory  screening;  when  authorized. Upon the
 arraignment of, or at the discretion of the court, prior to the sentenc-
 ing of any person who (i) at arraignment is charged  with  or  prior  to
 sentencing  convicted  of a first violation of operating a motor vehicle
 in violation of subdivision one, two or three or paragraph (b) of subdi-
 vision two-a of section eleven hundred ninety-two of this article  while
 such  person has less than .15 of one per centum by weight of alcohol in
 the person's blood as shown by chemical analysis of such person's blood,
 breath, urine or [saliva] ORAL FLUID, OR BY AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT, OR ANY PORTION THEREOF made  pursuant
 to the provisions of section eleven hundred ninety-four of this article,
 or in violation of subdivision four of such section eleven hundred nine-
 ty-two,  or  (ii) has refused to submit to a chemical test OR EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION  EXPERT  pursuant  to  section
 eleven  hundred  ninety-four of this article, the court shall order such
 person to submit to screening for alcohol or substance abuse and depend-
 ency using a standardized written screening instrument developed by  the
 office  of  [alcoholism and substance abuse services] ADDICTION SERVICES
 AND SUPPORTS, to be  administered  by  an  alcohol  or  substance  abuse
 professional.
   (b)  Mandatory  assessment;  when  authorized. The court shall order a
 defendant to undergo a formal alcohol or substance abuse and  dependency
 assessment  by  an alcohol or substance abuse professional or a licensed
 agency: (i) when the screening required by paragraph (a) of this  subdi-
 vision  indicates  that a defendant is abusing or dependent upon alcohol
 or drugs; (ii) following the arraignment of any person charged with  or,
 at  the  discretion  of the court, prior to the sentencing of any person
 convicted of a violation of subdivision one, two, three, four or  four-a
 of  section  eleven hundred ninety-two of this article after having been
 A. 8599                            17

 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two  of  this  article  or  of vehicular assault in the second or
 first degree, as defined, respectively, in sections 120.03 and 120.04 of
 the  penal law or of aggravated vehicular assault, as defined in section
 120.04-a of the penal law or of vehicular manslaughter in the second  or
 first degree, as defined, respectively, in sections 125.12 and 125.13 of
 the penal law or of aggravated vehicular homicide, as defined in section
 125.14  of such law within the preceding five years or after having been
 convicted of a violation of any subdivision of such section or of vehic-
 ular assault in the second or first degree, as defined, respectively, in
 sections 120.03 and 120.04 of the penal law or of  aggravated  vehicular
 assault, as defined in section 120.04-a of the penal law or of vehicular
 manslaughter in the second or first degree, as defined, respectively, in
 sections  125.12  and 125.13 of the penal law or of aggravated vehicular
 homicide, as defined in section 125.14 of such law, two  or  more  times
 within  the  preceding  ten years; or (iii) following the arraignment of
 any person charged with or, at the discretion of the court, prior to the
 sentencing of any person convicted  of  operating  a  motor  vehicle  in
 violation  of  subdivision  two or three or paragraph (b) of subdivision
 two-a of section eleven hundred ninety-two of this  article  while  such
 person  has  .15  of  one per centum or more by weight of alcohol in the
 person's blood as shown by a chemical analysis of such  person's  blood,
 breath,  urine or [saliva] ORAL FLUID made pursuant to the provisions of
 section eleven hundred ninety-four of this article or  in  violation  of
 paragraph  (a) of subdivision two-a of section eleven hundred ninety-two
 of this article.
   (c) Mandatory assessment; procedure. The assessment ordered by a court
 pursuant to this section shall be performed by an alcohol  or  substance
 abuse professional or a licensed agency which shall forward the results,
 in  writing,  to  the  court  and to the defendant or [his or her] THEIR
 counsel within thirty days of the date of such order.
   § 12.  Paragraph (b) of subdivision 1 of section 1242-a of the vehicle
 and traffic law, as added by section 9 of part XX of chapter 58  of  the
 laws of 2020, is amended to read as follows:
   (b)  Operating  a  bicycle with electric assist while intoxicated; per
 se.  No person shall operate a bicycle with electric assist  while  such
 person  has  .08  of  one per centum or more by weight of alcohol in the
 person's blood as shown by chemical analysis  of  such  person's  blood,
 breath, urine or [saliva] ORAL FLUID, made pursuant to the provisions of
 subdivision five of this section.
   §  13. Paragraph (b) of subdivision 4 of section 1242-a of the vehicle
 and traffic law, as added by section 9 of part XX of chapter 58  of  the
 laws of 2020, is amended to read as follows:
   (b)  Field  testing.  Every  person  operating a bicycle with electric
 assist which has been involved in an accident shall, at the request of a
 police officer, submit to a breath TEST OR ORAL FLUID test to be  admin-
 istered by the police officer. If such test indicates that such operator
 has  consumed alcohol OR A DRUG OR DRUGS, the police officer may request
 such operator to submit to a chemical test OR AN EVALUATION CONDUCTED BY
 A CERTIFIED DRUG RECOGNITION EXPERT in the manner set forth in  subdivi-
 sion five of this section.
   § 14.  Subdivision 5 of section 1242-a of the vehicle and traffic law,
 as  added  by section 9 of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   5. Chemical tests AND DRUG RECOGNITION EVALUATIONS; when authorized. A
 police officer may request any person who operates a bicycle with  elec-
 A. 8599                            18
 
 tric assist in this state to consent to a chemical test OR AN EVALUATION
 CONDUCTED  BY  A CERTIFIED DRUG RECOGNITION EXPERT of one or more of the
 following: breath, blood, urine, or [saliva] ORAL FLUID, for the purpose
 of determining the alcoholic and/or drug content of such person's blood,
 provided  that  such  test  is administered at the direction of a police
 officer with respect to a chemical test of  breath,  urine  or  [saliva]
 ORAL  FLUID  or, with respect to a chemical test of blood, at the direc-
 tion of a police officer: (a) having reasonable grounds to believe  such
 person  to  have been operating in violation of paragraph (a), (b), (c),
 (d) or (e) of subdivision one of this section and within two hours after
 such person has been placed under arrest for any such violation; or  (b)
 within  two hours after a breath test OR ORAL FLUID TEST, as provided in
 paragraph (b) of subdivision four of this section, indicates that  alco-
 hol  [has]  OR  A DRUG OR DRUGS HAVE 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.
   § 15.  Subparagraph (i) of paragraph (a) and paragraph (c) of subdivi-
 sion  6  of  section  1242-a of the vehicle and traffic law, as added by
 section 9 of part XX of chapter 58 of the laws of 2020, are  amended  to
 read as follows:
   (i)  At  the  request  of  a police officer, the following persons may
 withdraw blood for the purpose of  determining  the  alcoholic  or  drug
 content  therein:  (A)  a  physician, a registered professional nurse, a
 registered physician assistant, a certified nurse  practitioner,  or  an
 advanced  emergency medical technician as certified by the department of
 health; or (B) under the supervision and at the direction  of  a  physi-
 cian,  registered  physician  assistant  or certified nurse practitioner
 acting within [his or her] THEIR lawful scope of practice, or  upon  the
 express  consent  of the person eighteen years of age or older from whom
 such blood is to be withdrawn: a clinical laboratory technician or clin-
 ical laboratory technologist licensed pursuant to  article  one  hundred
 sixty-five of the education law; a phlebotomist; or a medical laboratory
 technician  or  medical  technologist  employed by a clinical laboratory
 approved under title five of article five of the public health law. This
 limitation shall not apply to the taking of a urine, [saliva] ORAL FLUID
 or breath specimen.
   (c) Rules and regulations. The department of health  shall  issue  and
 file  rules and regulations approving satisfactory techniques or methods
 of conducting chemical analyses of a person's blood,  urine,  breath  or
 [saliva]  ORAL  FLUID and to ascertain the qualifications and competence
 of individuals to conduct and supervise chemical analyses of a  person's
 blood,  urine,  breath or [saliva] ORAL FLUID. If the analyses were made
 by an individual possessing a permit issued by the department of health,
 this shall be presumptive evidence that  the  examination  was  properly
 given. The provisions of this paragraph do not prohibit the introduction
 as  evidence  of  an  analysis made by an individual other than a person
 possessing a permit issued by the department of health.
   § 16.  Subdivision 7 of section 1242-a of the vehicle and traffic law,
 as added by section 9 of part XX of chapter 58 of the laws of  2020,  is
 amended to read as follows:
   7.  Chemical test AND DRUG RECOGNITION EVALUATION evidence. (a) Admis-
 sibility. Upon the trial of any such action or proceeding arising out of
 actions alleged to have been committed by  any  person  arrested  for  a
 violation of any paragraph of subdivision one of this section, the court
 shall  admit  evidence  of the amount of alcohol or drugs in the defend-
 ant's blood as shown by a test administered OR EVALUATION CONDUCTED BY A
 A. 8599                            19
 
 CERTIFIED DRUG RECOGNITION EXPERT pursuant to the provisions of subdivi-
 sion five of this section.
   (b)  Probative  value. The following effect shall be given to evidence
 of blood-alcohol content, as determined  by  such  tests,  of  a  person
 arrested for a violation of subdivision one of this section:
   (i) evidence that there was .05 of one per centum or less by weight of
 alcohol  in  such  person's blood shall be prima facie evidence that the
 ability of such person to operate a bicycle with electric assist was not
 impaired by the consumption of alcohol, and that such person was not  in
 an intoxicated condition;
   (ii)  evidence that there was more than .05 of one per centum but less
 than .07 of one per centum by weight of alcohol in such  person's  blood
 shall be prima facie evidence that such person was not in an intoxicated
 condition,  but  such evidence shall be relevant evidence, but shall not
 be given prima facie effect, in determining whether the ability of  such
 person  to  operate  a  bicycle with electric assist was impaired by the
 consumption of alcohol; and
   (iii) evidence that there was .07 of one per centum or more  but  less
 than  .08  of one per centum by weight of alcohol in such person's blood
 shall be prima facie evidence that such person was not in an intoxicated
 condition, but such evidence shall be given prima facie effect in deter-
 mining whether the ability of such person  to  operate  a  bicycle  with
 electric assist was impaired by the consumption of alcohol.
   §  17.   Paragraph (b) of subdivision 1 of section 1289 of the vehicle
 and traffic law, as added by section 10 of part XX of chapter 58 of  the
 laws of 2020, is amended to read as follows:
   (b) Operating an electric scooter while intoxicated; per se. No person
 shall  operate  an electric scooter while such person has .08 of one per
 centum or more by weight of alcohol in the person's blood  as  shown  by
 chemical analysis of such person's blood, breath, urine or [saliva] ORAL
 FLUID,  made  pursuant  to  the  provisions  of subdivision five of this
 section.
   § 18.  Paragraph (b) of subdivision 4 of section 1289 of  the  vehicle
 and  traffic law, as added by section 10 of part XX of chapter 58 of the
 laws of 2020, is amended to read as follows:
   (b) Field testing. Every person operating an  electric  scooter  which
 has been involved in an accident shall, at the request of a police offi-
 cer,  submit  to  a breath TEST OR ORAL FLUID test to be administered by
 the police officer. If  such  test  indicates  that  such  operator  has
 consumed alcohol OR A DRUG OR DRUGS, the police officer may request such
 operator  to  submit  to a chemical test OR AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT in the manner set forth in subdivision
 five of this section.
   § 19.  Subdivision 5 of section 1289 of the vehicle and  traffic  law,
 as  added by section 10 of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   5. Chemical tests AND DRUG RECOGNITION EVALUATIONS; when authorized. A
 police officer may request any person who operates an  electric  scooter
 in  this  state to consent to a chemical test OR AN EVALUATION CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT of one or more of the  following:
 breath,  blood, urine, or [saliva] ORAL FLUID, for the purpose of deter-
 mining the  alcoholic  and/or  drug  content  of  such  person's  blood,
 provided  that  such  test  is administered at the direction of a police
 officer with respect to a chemical test of  breath,  urine  or  [saliva]
 ORAL  FLUID  or, with respect to a chemical test of blood, at the direc-
 tion of a police officer: (a) having reasonable grounds to believe  such
 A. 8599                            20

 person  to  have been operating in violation of paragraph (a), (b), (c),
 (d) or (e) of subdivision one of this section and within two hours after
 such person has been placed under arrest for any such violation; or  (b)
 within  two hours after a breath test OR ORAL FLUID TEST, as provided in
 paragraph (b) of subdivision four of this section, indicates that  alco-
 hol  [has]  OR  A DRUG OR DRUGS HAVE 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.
   §  20. Subparagraph (i) of paragraph (a) and paragraph (c) of subdivi-
 sion 6 of section 1289 of the vehicle  and  traffic  law,  as  added  by
 section  10  of part XX of chapter 58 of the laws of 2020, is amended to
 read as follows:
   (i) At the request of a police  officer,  the  following  persons  may
 withdraw  blood  for  the  purpose  of determining the alcoholic or drug
 content therein: (A) a physician, a  registered  professional  nurse,  a
 registered  physician  assistant,  a certified nurse practitioner, or an
 advanced emergency medical technician as certified by the department  of
 health;  or  (B)  under the supervision and at the direction of a physi-
 cian, registered physician assistant  or  certified  nurse  practitioner
 acting  within  [his or her] THEIR lawful scope of practice, or upon the
 express consent of the person eighteen years of age or older  from  whom
 such blood is to be withdrawn: a clinical laboratory technician or clin-
 ical  laboratory  technologist  licensed pursuant to article one hundred
 sixty-five of the education law; a phlebotomist; or a medical laboratory
 technician or medical technologist employed  by  a  clinical  laboratory
 approved under title five of article five of the public health law. This
 limitation shall not apply to the taking of a urine, [saliva] ORAL FLUID
 or breath specimen.
   (c)  Rules  and  regulations. The department of health shall issue and
 file rules and regulations approving satisfactory techniques or  methods
 of  conducting  chemical  analyses of a person's blood, urine, breath or
 [saliva] ORAL FLUID and to ascertain the qualifications  and  competence
 of  individuals to conduct and supervise chemical analyses of a person's
 blood, urine, breath or [saliva] ORAL FLUID.  If the analyses were  made
 by an individual possessing a permit issued by the department of health,
 this  shall  be  presumptive  evidence that the examination was properly
 given. The provisions of this paragraph do not prohibit the introduction
 as evidence of an analysis made by an individual  other  than  a  person
 possessing a permit issued by the department of health.
   § 21. Subdivision 7 of section 1289 of the vehicle and traffic law, as
 added  by  section  10  of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   7. Chemical test AND DRUG RECOGNITION EVALUATION evidence. (a)  Admis-
 sibility. Upon the trial of any such action or proceeding arising out of
 actions  alleged  to  have  been  committed by any person arrested for a
 violation of any paragraph of subdivision one of this section, the court
 shall admit evidence of the amount of alcohol or drugs  in  the  defend-
 ant's blood as shown by a test administered OR EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT pursuant to the provisions of subdivi-
 sion five of this section.
   (b)  Probative  value. The following effect shall be given to evidence
 of blood-alcohol content, as determined  by  such  tests,  of  a  person
 arrested for a violation of subdivision one of this section:
   (i) evidence that there was .05 of one per centum or less by weight of
 alcohol  in  such  person's blood shall be prima facie evidence that the
 ability of such person to operate an electric scooter was  not  impaired
 A. 8599                            21
 
 by the consumption of alcohol, and that such person was not in an intox-
 icated condition;
   (ii)  evidence that there was more than .05 of one per centum but less
 than .07 of one per centum by weight of alcohol in such  person's  blood
 shall be prima facie evidence that such person was not in an intoxicated
 condition,  but  such evidence shall be relevant evidence, but shall not
 be given prima facie effect, in determining whether the ability of  such
 person to operate an electric scooter was impaired by the consumption of
 alcohol; and
   (iii)  evidence  that there was .07 of one per centum or more but less
 than .08 of one per centum by weight of alcohol in such  person's  blood
 shall be prima facie evidence that such person was not in an intoxicated
 condition, but such evidence shall be given prima facie effect in deter-
 mining whether the ability of such person to operate an electric scooter
 was impaired by the consumption of alcohol.
   § 22. Paragraph (s) of subdivision 1 of section 245.20 of the criminal
 procedure  law,  as  added by section 2 of part LLL of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (s) In any prosecution alleging a violation of the vehicle and traffic
 law, where the defendant is charged by indictment, superior court infor-
 mation, prosecutor's information, information,  or  simplified  informa-
 tion,  all  records of calibration, certification, inspection, repair or
 maintenance of machines and instruments utilized to perform  any  scien-
 tific  tests,  EVALUATIONS and experiments, including but not limited to
 any test of a person's breath, blood, urine or [saliva] ORAL FLUID,  for
 the  period  of  six months prior and six months after such test, EVALU-
 ATION OR EXPERIMENT was conducted, including the records of gas  chroma-
 tography related to the certification of all reference standards and the
 certification  certificate,  if any, held by the operator of the machine
 or instrument. The time period required by subdivision  one  of  section
 245.10  of  this  article  shall  not apply to the disclosure of records
 created six months after a test, EVALUATION OR EXPERIMENT was conducted,
 but such disclosure shall be made as soon  as  practicable  and  in  any
 event,  the  earlier  of fifteen days following receipt, or fifteen days
 before the first scheduled trial date.
   § 23. Subdivision 2 of section 11-1201 of the environmental  conserva-
 tion  law,  as amended by chapter 388 of the laws of 2019, is amended to
 read as follows:
   2. "Intoxicated condition" shall mean the presence of .08 of  one  per
 centum  or  more  by  weight  of alcohol in a person's blood as shown by
 chemical analyses of [his] SUCH PERSON'S blood, breath, urine, or [sali-
 va] ORAL FLUID made pursuant  to  section  11-1205  of  this  title.  An
 "impaired  condition"  shall  mean  a  state of impairment of a person's
 capacity to think or act correctly, or of a loss,  even  in  part  of  a
 person's  control  of  [his]  THEIR  physical or mental faculties due to
 [his] THEIR consumption of alcohol or use of a drug.
   § 24. Subdivisions 2, 3, 4, 5 and 6 of section 11-1205 of the environ-
 mental conservation law, as added by chapter 726 of the  laws  of  1977,
 subdivisions 3, 4 and 5 as amended by section 29 of part R of chapter 58
 of the laws of 2013, are amended to read as follows:
   2. Any person engaged in hunting in this state shall be deemed to have
 given  [his] THEIR consent to a chemical test OR AN EVALUATION CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT of [his]  SUCH  PERSON'S  breath,
 blood,  urine, or [saliva] ORAL FLUID for the purpose of determining the
 alcoholic or drug content of [his] SUCH PERSON'S  blood,  provided  that
 such  test  OR  EVALUATION  is administered at the direction of a police
 A. 8599                            22
 
 officer or officer of the department of environmental conservation:  (a)
 having reasonable grounds to believe such person to have been engaged in
 hunting  in  violation  of  any  subdivision  of section 11-1203 of this
 title,  and  within  two  hours  after such person has been placed under
 arrest for any such violation, or (b) within two hours  after  a  breath
 test  OR  ORAL  FLUID  TEST,  administered pursuant to the provisions of
 subdivision one of this section, indicates that [alchohol  has]  ALCOHOL
 OR  A DRUG OR DRUGS HAVE been consumed by such person, and in accordance
 with the rules and regulations established by the law  enforcement  unit
 of which the administering officer is a member.
   3.  If  such person, having been placed under arrest or after a breath
 TEST OR ORAL FLUID test indicates the presence of alcohol OR A  DRUG  OR
 DRUGS in [his] SUCH PERSON'S system and having thereafter been requested
 to  submit  to A chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
 DRUG RECOGNITION EXPERT, refuses to submit  to  such  chemical  test  OR
 EVALUATION,  the  test OR EVALUATION shall not be given, and a report of
 such refusal shall be forwarded by the officer under whose direction the
 test was requested to the department of environmental conservation with-
 in seventy-two hours and  the  department  shall  revoke  all  licenses,
 bowhunting  privileges,  muzzle-loading  privileges, and permits to hunt
 which such person may possess; provided, however, that  such  revocation
 shall  become effective only after a hearing held by the department upon
 notice to such person, unless such hearing is waived by such person.
   4. A  license,  bowhunting  privilege,  muzzle-loading  privilege,  or
 permit  to hunt may, upon the basis of a report, verified as hereinafter
 provided, of the administering officer that  [he]  THEY  had  reasonable
 grounds  to  believe  such  person  to  have  been engaged in conduct in
 violation of any subdivision of section 11-1203 of this title  and  that
 said  person had refused to submit to such test OR EVALUATION, be tempo-
 rarily suspended without notice pending the determination upon any  such
 hearing.  Such  report may be verified by having the report sworn to, or
 by affixing to such report a form  notice  that  false  statements  made
 therein  are  punishable  as  a  class A misdemeanor pursuant to section
 210.45 of the penal law and such form notice together with the signature
 of the deponent shall constitute a verification of the report.
   5. No license,  bowhunting  privilege,  muzzle-loading  privilege,  or
 permit  to  hunt shall be revoked because of a refusal to submit to such
 chemical test OR EVALUATION CONDUCTED BY A  CERTIFIED  DRUG  RECOGNITION
 EXPERT  if the hearing officer is satisfied that the person requested to
 submit to such chemical test OR EVALUATION had not been warned prior  to
 such  refusal  to  the  effect that a refusal to submit to such chemical
 test OR EVALUATION  may  result  in  the  revocation  of  such  license,
 bowhunting privilege, muzzle-loading privilege, or permit to hunt wheth-
 er or not [he is] THEY ARE found guilty of the charge for which [he has]
 THEY HAVE been arrested.
   6. The department of health shall issue and file rules and regulations
 approving  satisfactory  techniques  or methods, to ascertain the quali-
 fications and competence of individuals to conduct and supervise  chemi-
 cal  analyses of a person's blood, urine, breath or [saliva] ORAL FLUID.
 If the analyses were made by an individual possessing a permit issued by
 the department of health, this shall be presumptive  evidence  that  the
 examination  was  properly  given. The provisions of this subdivision do
 not prohibit the introduction as evidence of  an  analysis  made  by  an
 individual other than a person possessing a permit issued by the depart-
 ment of health.
 A. 8599                            23
 
   §  25.  Paragraphs (b) and (c) of subdivision 2 of section 49-a of the
 navigation law, as amended by chapter 151  of  the  laws  of  2006,  are
 amended to read as follows:
   (b)  No  such person shall operate a vessel other than a public vessel
 while [he has] THEY HAVE .08 of one per centum  or  more  by  weight  of
 alcohol  in  [his]  SUCH PERSON'S blood, breath, urine, or [saliva] ORAL
 FLUID, as determined by the chemical test OR EVALUATION CONDUCTED  BY  A
 CERTIFIED  DRUG  RECOGNITION  EXPERT  made pursuant to the provisions of
 subdivision seven of this section.
   (c) No such person shall operate a public vessel while [he  has]  THEY
 HAVE  .04  of  one per centum or more by weight of alcohol in [his] SUCH
 PERSON'S blood, breath, urine, or [saliva] ORAL FLUID, as determined  by
 the  chemical  test OR EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNI-
 TION EXPERT made pursuant to the provisions of subdivision seven of this
 section.
   § 26. Paragraph (b) of subdivision 6 of section 49-a of the navigation
 law, as added by chapter 805 of the laws of 1992, is amended to read  as
 follows:
   (b)  Breath  TEST  OR  ORAL  FLUID test for operators of vessel. Every
 person operating a vessel on the waters of  the  state  which  has  been
 involved  in an accident or which is operated in violation of any of the
 provisions of this section which regulate the manner in which  a  vessel
 is  to  be  properly  operated while underway shall, at the request of a
 police officer, submit to a breath TEST OR ORAL FLUID test to be  admin-
 istered by the police officer. If such test indicates that such operator
 has  consumed alcohol OR A DRUG OR DRUGS, the police officer may request
 such operator to submit to a chemical test OR EVALUATION CONDUCTED BY  A
 CERTIFIED DRUG RECOGNITION EXPERT in the manner set forth in subdivision
 seven  of  this  section.  For the purposes of this section, a vessel is
 being "operated"  only  when  such  vessel  is  underway  and  is  being
 propelled in whole or in part by mechanical power.
   §  27.  Subdivisions  7, 8, 9 and 10 of section 49-a of the navigation
 law, as added by chapter 805 of the  laws  of  1992,  paragraph  (a)  of
 subdivision  7  as  amended by chapter 688 of the laws of 2022, subpara-
 graph 1 of paragraph (d) of subdivision 7 as amended by chapter  391  of
 the  laws  of  1998, subparagraph 2 of paragraph (d) of subdivision 7 as
 amended by chapter 309 of the laws of 1996, and subparagraphs 2 and 3 of
 paragraph (b) of subdivision 10 as amended by chapter 458 of the laws of
 2003, are amended to read as follows:
   7. Chemical tests AND CERTIFIED DRUG RECOGNITION EVALUATIONS.  (a) Any
 person who operates a vessel  on  the  waters  of  the  state  shall  be
 requested  to consent to a chemical test OR AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT of  one  or  more  of  the  following:
 breath,  blood,  urine, or [saliva] ORAL FLUID for the purpose of deter-
 mining the alcoholic or drug  content  of  [his]  SUCH  PERSON'S  blood,
 provided  that  such test OR EVALUATION is administered at the direction
 of a police officer: (1) having reasonable cause to believe such  person
 to  have  been  operating  in violation of this subdivision or paragraph
 (a), (b), (c), (d), (e) or (e-1) of subdivision two of this section  and
 within  two hours after such person has been placed under arrest for any
 such violation or (2) within two hours after a breath TEST OR ORAL FLUID
 test as provided in paragraph (b) of subdivision  six  of  this  section
 indicates  that  alcohol  [has] OR A DRUG OR DRUGS HAVE 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.
 A. 8599                            24
 
   (b) If such person having been placed under arrest or after  a  breath
 TEST  OR  ORAL FLUID test indicates the presence of alcohol OR A DRUG OR
 DRUGS in the person's system and having  thereafter  been  requested  to
 submit to such chemical test OR EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION  EXPERT and having been informed that the person's privilege
 to operate a vessel shall be immediately suspended for refusal to submit
 to such chemical test OR EVALUATION or any portion thereof,  whether  or
 not  the  person  is found guilty of the charge for which such person is
 arrested, refuses to submit to such chemical test OR EVALUATION  or  any
 portion  thereof,  unless  a  court  order  has been granted pursuant to
 subdivision eight of this section, the test OR EVALUATION shall  not  be
 given  and a written report of such refusal shall be immediately made by
 the police officer before whom such refusal was made. Such report may be
 verified by having the report sworn to, or by affixing to such report  a
 form notice that false statements made therein are punishable as a class
 A  misdemeanor pursuant to section 210.45 of the penal law and such form
 notice together with the subscription of the deponent shall constitute a
 verification of the report. The report of the police officer  shall  set
 forth  reasonable  grounds  to believe such arrested person to have been
 operating a vessel in violation of any paragraph of subdivision  two  of
 this  section,  that  said person had refused to submit to such chemical
 test OR EVALUATION, and that no chemical test was administered OR EVALU-
 ATION CONDUCTED pursuant to the requirements  of  subdivision  eight  of
 this  section.  The  report  shall  be  presented  to the court upon the
 arraignment of the arrested person. The privilege to  operate  a  vessel
 shall,  upon  the basis of such written report, be temporarily suspended
 by the court without notice pending the determination of  a  hearing  as
 provided  herein. Copies of such report must be transmitted by the court
 to the commissioner of parks, recreation and historic  preservation  and
 the  commissioner  of  motor  vehicles  and  such transmittal may not be
 waived even with the consent of all the parties. Such  report  shall  be
 forwarded to each commissioner within forty-eight hours of such arraign-
 ment.  The court shall provide such person with a hearing date schedule,
 a waiver form, and such other information as  may  be  required  by  the
 commissioner  of  motor vehicles. If a hearing, as provided for in para-
 graph (c) of this subdivision, is waived by such person, the commission-
 er of motor vehicles shall immediately suspend the privilege to  operate
 a  vessel,  as  of the date of receipt of such waiver in accordance with
 the provisions of paragraph (d) of this subdivision.
   (c) Any person whose privilege to operate a vessel has been  suspended
 pursuant  to  paragraph (b) of this subdivision is entitled to a hearing
 in accordance with a hearing schedule to be promulgated by  the  commis-
 sioner  of  motor  vehicles. If the department fails to provide for such
 hearing fifteen days after the date of the arraignment of  the  arrested
 person,  the privilege to operate a vessel of such person shall be rein-
 stated pending a hearing pursuant to this section. The hearing shall  be
 limited to the following issues: (1) did the police officer have reason-
 able  cause  to  believe that such person had been operating a vessel in
 violation of any paragraph of subdivision two of this section;  (2)  did
 the  police  officer  make  a lawful arrest of such person; (3) was such
 person given sufficient warning, in clear or unequivocal language, prior
 to such refusal that such refusal to submit to  such  chemical  test  OR
 EVALUATION or any portion thereof, would result in the immediate suspen-
 sion  of such person's privilege to operate a vessel whether or not such
 person is found guilty of the charge for which the arrest was made;  and
 (4) did such person refuse to submit to such chemical test OR EVALUATION
 A. 8599                            25
 
 or  any  portion  thereof.  If, after such hearing, the hearing officer,
 acting on behalf of the commissioner of motor vehicles, finds on any one
 of said issues in the negative, the hearing  officer  shall  immediately
 terminate any suspension arising from such refusal. If, after such hear-
 ing,  the hearing officer, acting on behalf of the commissioner of motor
 vehicles finds all of the issues in the affirmative, such officer  shall
 immediately suspend the privilege to operate a vessel in accordance with
 the  provisions  of  paragraph (d) of this subdivision. A person who has
 had the privilege to operate a vessel suspended pursuant to this  subdi-
 vision may appeal the findings of the hearing officer in accordance with
 the  provisions  of article three-A of the vehicle and traffic law.  Any
 person may waive the right to a hearing under this section.  Failure  by
 such person to appear for the scheduled hearing shall constitute a waiv-
 er of such hearing, provided, however, that such person may petition the
 commissioner  of motor vehicles for a new hearing which shall be held as
 soon as practicable.
   (d) (1) Any privilege to operate a vessel  which  has  been  suspended
 pursuant  to paragraph (c) of this subdivision shall not be restored for
 six months after such suspension. However, no such  privilege  shall  be
 restored  for  at least one year after such suspension in any case where
 the person was under the age of twenty-one at the time of  the  offense,
 has  had a prior suspension resulting from refusal to submit to a chemi-
 cal test OR AN EVALUATION CONDUCTED  BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT  pursuant  to  this  subdivision  or  subdivision  six of section
 forty-nine-b of this article, or has been convicted of  a  violation  of
 any  paragraph of subdivision two of this section not arising out of the
 same incident, within the five years immediately preceding the  date  of
 such  suspension; provided, however, a prior finding that a person under
 the age of twenty-one has refused to submit to a  chemical  test  OR  AN
 EVALUATION  CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT pursuant to
 such subdivision six of section forty-nine-b of this article shall  have
 the  same effect as a prior finding of a refusal pursuant to this subdi-
 vision solely for the purpose of determining the length of  any  suspen-
 sion  required  to  be  imposed  under  any  provision  of this article,
 provided that the subsequent offense or refusal is committed or occurred
 prior to the expiration of the retention period for such  prior  refusal
 as  set forth in paragraph (k) of subdivision one of section two hundred
 one of the vehicle and traffic law.  Notwithstanding  any  provision  of
 this  paragraph to the contrary, any privilege to operate a vessel which
 has been suspended pursuant to paragraph (c) of this subdivision,  where
 the  person  was under the age of twenty-one at the time of the refusal,
 and such person under  the  age  of  twenty-one  has  a  prior  finding,
 conviction  or youthful offender adjudication resulting from a violation
 of this section or section forty-nine-b of  this  article,  not  arising
 from  the  same incident, shall not be restored for at least one year or
 until such person reaches the age of twenty-one years, whichever is  the
 greater period of time.
   (2) Any person whose privilege to operate a vessel is suspended pursu-
 ant  to  the  provisions  of this subdivision shall also be liable for a
 civil penalty in the amount of two hundred dollars except that  if  such
 suspension  is a second or subsequent suspension pursuant to this subdi-
 vision issued within a  five  year  period,  or  such  person  has  been
 convicted  of  a  violation  of any paragraph of subdivision two of this
 section within the past five years not arising out of the same incident,
 the civil penalty shall be in the amount of five  hundred  dollars.  The
 privilege  to  operate  a  vessel  shall  not be restored to such person
 A. 8599                            26
 
 unless such penalty has been paid. The first one hundred dollars of each
 penalty collected by the department of motor vehicles  pursuant  to  the
 provisions  of  this  subdivision  shall  be paid to the commissioner of
 motor  vehicles for deposit to the general fund and the remainder of all
 such penalties shall be paid to the commissioner  of  parks,  recreation
 and historic preservation for deposit in the "I Love NY Waterways" boat-
 ing  safety  fund established pursuant to section ninety-seven-nn of the
 state finance law.
   (e) The commissioner  of  motor  vehicles  in  consultation  with  the
 commissioner  of  parks,  recreation  and  historic  preservation  shall
 promulgate such rules and regulations as may be necessary to  effectuate
 the provisions of this subdivision.
   (f) Evidence of a refusal to submit to such chemical test OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT shall be admissi-
 ble  in  any  trial, proceeding or hearing based upon a violation of the
 provisions of this section, but only upon a showing that the person  was
 given  sufficient  warning,  in  clear  and unequivocal language, of the
 effect of such refusal and that the person persisted  in  [his  or  her]
 THEIR refusal.
   (g) Upon the request of the person tested OR EVALUATED, the results of
 such  test  OR  EVALUATION  shall be made available to [him or her] SUCH
 PERSON.
   8. Compulsory chemical tests AND  CERTIFIED  DRUG  RECOGNITION  EVALU-
 ATIONS.  (a) Notwithstanding the provisions of subdivision seven of this
 section, no person who operates a vessel in the waters of this state may
 refuse to submit to a chemical test OR  AN  EVALUATION  CONDUCTED  BY  A
 CERTIFIED  DRUG  RECOGNITION  EXPERT  of  one  or more of the following:
 breath, blood, urine or [saliva] ORAL FLUID, for the purpose  of  deter-
 mining the alcoholic and/or drug content of the blood when a court order
 for  such chemical test OR EVALUATION has been issued in accordance with
 the provisions of this subdivision.
   (b) Upon refusal by any person to submit to a chemical test OR  EVALU-
 ATION  or  any  portion  thereof  as  described in paragraph (a) of this
 subdivision, the test OR EVALUATION shall not be given unless  a  police
 officer  or a district attorney, as defined in subdivision thirty-two of
 section 1.20 of the criminal procedure law, requests and obtains a court
 order to compel a person to submit to a chemical test OR  EVALUATION  to
 determine  the  alcoholic  or drug content of the person's blood OR ORAL
 FLUID upon a finding of reasonable cause to believe that:
   (1) such person was the operator of a vessel and in the course of such
 operation a person other than the operator was killed or suffered  seri-
 ous physical injury as defined in section 10.00 of the penal law; and
   (2)  (i)  either  such  person operated the vessel in violation of any
 paragraph of subdivision two of this section, or
   (ii) a breath TEST OR ORAL FLUID test administered by a police officer
 in accordance with subdivision six of this section indicates that  alco-
 hol [has] OR A DRUG OR DRUGS HAVE been consumed by such person; and
   (3) such person has been placed under lawful arrest; and
   (4)  such person has refused to submit to a chemical test OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT  or  any  portion
 thereof,  requested  in  accordance  with  the provisions of subdivision
 seven of this section or is unable to give consent to  such  a  test  OR
 EVALUATION.
   (c)  For  the  purpose of this subdivision "reasonable cause" shall be
 determined by viewing the  totality  of  circumstances  surrounding  the
 incident  which,  when  taken  together,  indicate that the operator was
 A. 8599                            27
 
 operating a vessel in violation of any paragraph of subdivision  two  of
 this  section.  Such  circumstances may include, but are not limited to:
 evidence that the operator was operating a vessel in  violation  of  any
 provision  of  this chapter which regulates the manner in which a vessel
 is to be properly operated while underway at the time of  the  incident;
 any  visible  indication of alcohol or drug consumption or impairment by
 the operator; any other evidence surrounding the  circumstances  of  the
 incident  which  indicates that the operator has been operating a vessel
 while impaired by the consumption of alcohol or drugs or was intoxicated
 at the time of the incident.
   (d) (1) An application for a court order to  compel  submission  to  a
 chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT or any portion thereof, may be made to any supreme court justice,
 county  court  judge or district court judge in the judicial district in
 which the incident occurred, or if the incident occurred in the city  of
 New York before any supreme court justice or judge of the criminal court
 of  the  city of New York. Such application may be communicated by tele-
 phone, radio or other means of electronic communication, or in person.
   (2) The applicant must provide identification by name  and  title  and
 must  state the purpose of the communication. Upon being advised that an
 application for a court order to compel submission to a chemical test OR
 AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT is  being
 made,  the  court  shall  place  under  oath the applicant and any other
 person providing information in support of the application  as  provided
 in subparagraph three of this paragraph. After being sworn the applicant
 must state that the person from whom the chemical test OR EVALUATION was
 requested  was the operator of a vessel and in the course of such opera-
 tion a person, other than the operator, has  been  killed  or  seriously
 injured  and, based upon the totality of circumstances, there is reason-
 able cause to believe  that  such  person  was  operating  a  vessel  in
 violation of any paragraph of subdivision two of this section and, after
 being  placed  under  lawful  arrest  such person refused to submit to a
 chemical test OR EVALUATION or any portion thereof, in  accordance  with
 the  provisions  of  this section or is unable to give consent to such a
 test OR EVALUATION or any  portion  thereof.  The  applicant  must  make
 specific allegations of fact to support such statement. Any other person
 properly identified, may present sworn allegations of fact in support of
 the applicant's statement.
   (3)  Upon  being advised that an oral application for a court order to
 compel a person to submit to a chemical test OR AN EVALUATION  CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT is being made, a judge or justice
 shall  place  under  oath  the  applicant and any other person providing
 information in support of the application. Such oath or oaths and all of
 the remaining communication must be recorded, either by means of a voice
 recording device or verbatim stenographic or verbatim longhand notes. If
 a voice recording device is used or  a  stenographic  record  made,  the
 judge  must  have the record transcribed, certify to the accuracy of the
 transcription and file the original record and  transcription  with  the
 court  within  seventy-two  hours of the issuance of the court order. If
 the longhand notes are taken, the judge shall subscribe a copy and  file
 it with the court within twenty-four hours of the issuance of the order.
   (4)  If  the court is satisfied that the requirements for the issuance
 of a court order pursuant to the provisions of  paragraph  (b)  of  this
 subdivision  have  been  met,  it may grant the application and issue an
 order requiring the accused to submit to a chemical test  OR  AN  EVALU-
 ATION  CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT to determine the
 A. 8599                            28
 
 alcoholic and/or drug content of [his] SUCH PERSON'S blood and  ordering
 the  withdrawal  of  a blood sample in accordance with the provisions of
 subdivision nine of this section. When a judge or justice determines  to
 issue  an order to compel submission to a chemical test OR AN EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT based on an oral appli-
 cation, the applicant therefor shall prepare  the  order  in  accordance
 with  the  instructions  of the judge or justice. In all cases the order
 shall include the name of the issuing judge or justice, the name of  the
 applicant, and the date and time it was issued. It must be signed by the
 judge  or  justice  if  issued  in person, or by the applicant if issued
 orally.
   (5) Any false statement by an applicant or any other person in support
 of an application for a court order shall subject  such  person  to  the
 offenses  for  perjury set forth in article two hundred ten of the penal
 law.
   (e) An order issued pursuant to the  provisions  of  this  subdivision
 shall  require  that  a  chemical  test  OR AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT to determine the alcoholic and/or drug
 content of the operator's blood must be administered. The provisions  of
 paragraphs (a), (b) and (c) of subdivision nine of this section shall be
 applicable  to  any chemical test OR EVALUATION administered pursuant to
 this section.
   (f) A defendant who has been compelled to submit to a chemical test OR
 AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT  pursuant
 to  the  provisions  of this subdivision may move for the suppression of
 such evidence in accordance with article seven hundred ten of the crimi-
 nal procedure law on the grounds that the order  was  obtained  and  the
 test administered OR EVALUATION CONDUCTED in violation of the provisions
 of this subdivision or any other applicable law.
   9.  Testing  procedures.  (a)  At the request of a police officer, the
 following persons may withdraw blood for the purpose of determining  the
 alcohol  or  drug content therein: (1) a physician, a registered profes-
 sional nurse or a registered physician's assistant;  or  (2)  under  the
 supervision  and  at  the direction of a physician: a medical laboratory
 technician or medical technologist as classified  by  civil  service;  a
 phlebotomist;  an  advanced emergency medical technician as certified by
 the department of health, or a medical laboratory technician or  medical
 technologist employed by a clinical laboratory approved under title five
 of  article  five  of  the  public health law. This limitation shall not
 apply to the taking of a urine, [saliva] ORAL FLUID or breath specimen.
   (b) No person entitled to withdraw blood pursuant to paragraph (a)  of
 this subdivision or hospital employing such person and no other employer
 of  such person shall be sued or held liable for any act done or omitted
 in the course of withdrawing blood at the request of a police officer or
 peace officer acting pursuant to [his]  SUCH  OFFICER'S  special  duties
 pursuant to this subdivision.
   (c)  Any  person who may have a cause of action arising from the with-
 drawal of blood as aforesaid, for which  no  personal  liability  exists
 under  paragraph  (b)  of  this  subdivision,  may  maintain such action
 against the state if the person entitled to withdraw blood  pursuant  to
 paragraph (a) of this subdivision acted at the request of a police offi-
 cer  or  peace  officer  acting pursuant to [his] SUCH OFFICER'S special
 duties, employed by the state,  or  against  the  appropriate  political
 subdivision  of the state if the person acted at the request of a police
 officer or peace officer acting pursuant to [his] SUCH OFFICER'S special
 duties, employed by a political subdivision  of  the  state.  No  action
 A. 8599                            29
 
 shall be maintained pursuant to this paragraph unless notice of claim is
 duly filed or served in compliance with law.
   (d)  Notwithstanding  the foregoing provisions of this subdivision, an
 action may be maintained by the state or a political subdivision thereof
 against a person entitled to withdraw blood pursuant to paragraph (a) of
 this subdivision or hospital employing such  person  for  whose  act  or
 omission  the  state  or  the political subdivision has been held liable
 under this subdivision to recover  damages,  not  exceeding  the  amount
 awarded  to  the  claimant, that may have been sustained by the state or
 the political subdivision by reason of gross negligence on the  part  of
 such person entitled to withdraw blood.
   (e)  The  testimony of any person, other than a physician, entitled to
 draw blood pursuant to paragraph (a) of this subdivision in  respect  to
 any  such  withdrawal of blood made by [him] SUCH PERSON may be received
 in evidence with the same weight, force and effect as if such withdrawal
 of blood were made by a physician.
   (f) The provisions of paragraphs (b), (c) and (d) of this  subdivision
 shall  also  apply  with  regard to any person employed by a hospital as
 security personnel for any act done or omitted in the  course  of  with-
 drawing  blood  at  the  request of a police officer pursuant to a court
 order in accordance with this subdivision.
   (g) The person tested shall be permitted  to  choose  a  physician  to
 administer  a  chemical  test in addition to the one administered at the
 direction of the police officer.
   10. Chemical test AND DRUG RECOGNITION EVALUATION evidence.  (a)  Upon
 the  trial  of  any  such  action  or  proceeding arising out of actions
 alleged to have been committed by any person arrested for a violation of
 any paragraph of subdivision two of this section, the court shall  admit
 evidence  of  the amount of alcohol or drugs in the defendant's blood as
 shown by a test administered OR EVALUATION  CONDUCTED  pursuant  to  the
 provisions of subdivision seven or eight of this section.
   (b)  The  following effect shall be given to evidence of blood alcohol
 content, as determined by  such  tests,  of  a  person  arrested  for  a
 violation  of  any  paragraph of subdivision two of this section and who
 was operating a vessel other than a public vessel:
   (1) evidence that there was .05 of one per centum or less by weight of
 alcohol in such person's blood shall be prima facie  evidence  that  the
 ability  of  such  person  to  operate  a vessel was not impaired by the
 consumption of alcohol, and that such person was not in  an  intoxicated
 condition.
   (2)  evidence  that there was more than .05 of one per centum but less
 than .07 of one per centum of weight in such  person's  blood  shall  be
 prima  facie  evidence that such person was not in an intoxicated condi-
 tion, but such evidence shall be relevant  evidence  but  not  be  given
 prima facie effect, in determining whether the ability of such person to
 operate a vessel was impaired by the consumption of alcohol.
   (3)  evidence  that  there  was .07 of one per centum or more but less
 than .08 of one per centum by weight of alcohol in [his]  SUCH  PERSON'S
 blood  shall  be  prima  facie  evidence  that such person was not in an
 intoxicated condition, but such evidence  shall  be  given  prima  facie
 effect  in  determining  whether the ability of such person to operate a
 vessel was impaired by the consumption of alcohol.
   (c) Evidence of a refusal to submit to a chemical test  OR  AN  EVALU-
 ATION  CONDUCTED  BY  A CERTIFIED DRUG RECOGNITION EXPERT or any portion
 thereof shall be admissible in any trial or hearing provided the request
 A. 8599                            30
 
 to submit to such a test OR EVALUATION was made in accordance  with  the
 provisions of subdivision seven of this section.
   §  28.    Subdivision 1, paragraph (a) of subdivision 3, and paragraph
 (a) of subdivision 4 of section 49-b of the navigation law, as added  by
 chapter 391 of the laws of 1998, are amended to read as follows:
   1.  Prohibition. No person under the age of twenty-one shall operate a
 vessel upon the waters of this state after having  consumed  alcohol  as
 defined  in  this  section. For purposes of this section, a person under
 the age of twenty-one is deemed to have consumed alcohol  only  if  such
 person  has  .02  of one per centum or more but not more than .07 of one
 per centum by weight of alcohol in the person's blood, as shown by chem-
 ical analysis of such person's blood, breath,  urine  or  [saliva]  ORAL
 FLUID,  made  in  accordance  with the provisions of subdivision four of
 section eleven hundred ninety-four of the vehicle and traffic  law.  Any
 person  who  operates  a vessel in violation of this section, and who is
 not charged with a violation of subdivision two of section  forty-nine-a
 of  this  article  arising out of the same incident shall be referred to
 the department of motor vehicles  for  action  in  accordance  with  the
 provisions of this section.  Notwithstanding any provision of law to the
 contrary, a finding that a person under the age of twenty-one operated a
 vessel after having consumed alcohol in violation of this section is not
 a judgment of conviction for a crime or any other offense.
   (a)  Any  person  under the age of twenty-one who operates a vessel on
 the waters of the state shall be requested to consent to a chemical test
 of one or more of the following: breath, blood, urine, or [saliva]  ORAL
 FLUID  for  the  purpose of determining the alcoholic or drug content of
 [his] SUCH PERSON'S blood, provided that such test  is  administered  at
 the  direction  of  a  police  officer: (1) having reasonable grounds to
 believe such person to have been operating in violation of this  section
 or  paragraph  (a),  (b),  (c), (d) or (e) of subdivision two of section
 forty-nine-a of this article and within two hours after such person  has
 been  placed under arrest, or detained pursuant to paragraph (c) of this
 subdivision, for any such violation or (2)  within  two  hours  after  a
 breath  test  as  provided  in subdivision two of this section indicates
 that alcohol has been consumed by such person and in accordance with the
 rules and regulations established by the police force of which the offi-
 cer is a member.
   (a) Whenever a chemical test of the breath, blood, urine  or  [saliva]
 ORAL  FLUID  of an operator who is under the age of twenty-one indicates
 that such person has operated a vessel in violation of this section, and
 such person is not charged with violating  any  subdivision  of  section
 forty-nine-a  of  this  article  arising  out  of the same incident, the
 police officer who administered the test shall forward a report  of  the
 results  of such test to the department of motor vehicles within twenty-
 four hours of the time when such  results  are  available  in  a  manner
 prescribed by the commissioner of motor vehicles, and the operator shall
 be  given  a  hearing  notice  as  provided  in subdivision five of this
 section, to appear before a hearing officer  in  the  county  where  the
 chemical  test  was  administered,  or in an adjoining county under such
 circumstances as prescribed by the commissioner of motor vehicles, on  a
 date  to be established in accordance with a schedule promulgated by the
 commissioner of motor vehicles. Such hearing shall occur  within  thirty
 days  of,  but  not  less than forty-eight hours from, the date that the
 chemical test was administered, provided, however, where the commission-
 er of motor vehicles determines, based upon the availability of  hearing
 officers  and  the  anticipated  volume  of  hearings  at  a  particular
 A. 8599                            31
 
 location, that the scheduling of such hearing within thirty  days  would
 impair the timely scheduling or conducting of other hearings, such hear-
 ing  shall  be  scheduled  at  the next hearing date for such particular
 location.  When  providing  the  operator  with such hearing notice, the
 police officer shall also give to the operator, and shall, prior to  the
 commencement  of  the  hearing, provide to the department of motor vehi-
 cles, copies of the following  reports,  documents  and  materials:  any
 written  report  or  document, or portion thereof, concerning a physical
 examination, a scientific test or experiment, including the most  recent
 record  of  inspection,  or calibration or repair of machines or instru-
 ments utilized to perform such scientific tests or experiments  and  the
 certification  certificate,  if any, held by the operator of the machine
 or instrument, which tests or  examinations  were  made  by  or  at  the
 request  or  direction  of  a  public servant engaged in law enforcement
 activity. The report of the police officer shall be verified  by  having
 the  report  sworn  to, or by affixing to such report a form notice that
 false statements made therein are punishable as a  class  A  misdemeanor
 pursuant to section 210.45 of the penal law and such form notice togeth-
 er  with  the subscription of the deponent shall constitute verification
 of the report.
   § 29.  Paragraph (b) of subdivision 1 of section 25.24 of  the  parks,
 recreation  and  historic preservation law, as amended by chapter 311 of
 the laws of 2007, is amended to read as follows:
   (b) No such person shall operate a snowmobile upon a street,  highway,
 public  trails,  lands,  bodies of water, or private property of another
 while [he or she has] THEY HAVE .08 of one per centum or more by  weight
 of alcohol in [his or her] SUCH PERSON'S blood, breath, urine, or [sali-
 va]  ORAL  FLUID,  as  determined  by  the  chemical  test OR EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT made  pursuant  to  the
 provisions of subdivision six of this section.
   §  30.  Subdivisions  5,  6, 7, 8 and 9 of section 25.24 of the parks,
 recreation and historic preservation law, as added by chapter 629 of the
 laws of 1998, paragraph (b) of subdivision 5, paragraph (a) of  subdivi-
 sion  6  and paragraph (a) of subdivision 7 as amended by chapter 311 of
 the laws of 2007, and subparagraphs 2 and 3 of paragraph (b) of subdivi-
 sion 9 as amended by chapter 683 of the laws of  2003,  are  amended  to
 read as follows:
   5.  Arrest  and 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 any para-
 graph of subdivision one of this section, if such violation  is  coupled
 with an accident or collision in which such person is involved, which in
 fact  had  been  committed, though not in the police officer's presence,
 when [he or she has] THEY HAVE reasonable  cause  to  believe  that  the
 violation  was committed by such person. For the purposes of this subdi-
 vision police officer shall also include a peace officer  authorized  to
 enforce  the  provisions  of  this  chapter  when  the alleged violation
 constitutes a crime.
   (b) Breath TEST OR ORAL FLUID test  for  operators  of  a  snowmobile.
 Every  person  operating  a  snowmobile  upon  a street, highway, public
 trails, lands, bodies of water, or private property of another which has
 been involved in an accident or which is operated in violation of any of
 the provisions of this chapter which regulate  the  manner  in  which  a
 snowmobile  is to be properly operated shall, at the request of a police
 officer, submit to a breath TEST OR ORAL FLUID test to  be  administered
 by  the  police  officer.  If such test indicates that such operator has
 A. 8599                            32

 consumed alcohol OR A DRUG OR DRUGS, the police officer may request such
 operator to submit to a chemical test OR AN EVALUATION  CONDUCTED  BY  A
 CERTIFIED DRUG RECOGNITION EXPERT in the manner set forth in subdivision
 six of this section.
   6.  Chemical  tests  AND DRUG RECOGNITION EVALUATIONS.  (a) Any person
 who operates a snowmobile upon a street, highway, public trails,  lands,
 bodies  of  water,  or private property of another shall be requested to
 consent to a chemical test OR AN EVALUATION  CONDUCTED  BY  A  CERTIFIED
 DRUG  RECOGNITION EXPERT of one or more of the following: breath, blood,
 urine or [saliva] ORAL FLUID for the purpose of determining the alcohol-
 ic or drug content of [his or her] SUCH PERSON'S  blood,  provided  that
 such  test  OR  EVALUATION  is administered at the direction of a police
 officer: (1) having reasonable cause to believe such person to have been
 operating in violation of this subdivision or paragraph (a),  (b),  (c),
 or  (d)  of  subdivision  one of this section and within two hours after
 such person has been placed under arrest for any such violation  or  (2)
 within  two  hours  after  a breath test as provided in paragraph (b) of
 subdivision five  of  this  section  indicates  that  alcohol  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.
   (b)  If  such person having been placed under arrest or after a breath
 test OR ORAL FLUID TEST indicates the presence of alcohol OR A  DRUG  OR
 DRUGS  in  the  person's  system and having thereafter been requested to
 submit to such chemical test OR EVALUATION and having been informed that
 the person's privilege to operate  a  snowmobile  shall  be  immediately
 suspended  for  refusal to submit to such chemical test OR EVALUATION or
 any portion thereof, whether or not the person is found  guilty  of  the
 charge  for  which  such  person  is arrested, refuses to submit to such
 chemical test OR EVALUATION or any portion thereof, unless a court order
 has been granted pursuant to subdivision seven of this section, the test
 OR EVALUATION shall not be given and a written report  of  such  refusal
 shall be immediately made by the police officer before whom such refusal
 was  made. Such report may be verified by having the report sworn to, or
 by affixing to such report a form  notice  that  false  statements  made
 therein  are  punishable  as  a  class A misdemeanor pursuant to section
 210.45 of  the  penal  law  and  such  form  notice  together  with  the
 subscription  of  the  deponent  shall  constitute a verification of the
 report. The report of the police  officer  shall  set  forth  reasonable
 grounds to believe such arrested person to have been operating a snowmo-
 bile  in  violation of any paragraph of subdivision one of this section,
 that such person had refused to submit to such chemical test  OR  EVALU-
 ATION,  and  that  no  chemical  test  was  administered  OR  EVALUATION
 CONDUCTED pursuant to the requirements  of  subdivision  seven  of  this
 section. The report shall be presented to the court upon the arraignment
 of  the  arrested  person.  The privilege to operate a snowmobile shall,
 upon the basis of such written report, be temporarily suspended  by  the
 court  without notice pending the determination of a hearing as provided
 herein. Copies of such report must be transmitted by the  court  to  the
 commissioner and the commissioner of motor vehicles and such transmittal
 may  not be waived even with the consent of all the parties. Such report
 shall be forwarded to the commissioner and  the  commissioner  of  motor
 vehicles  within  forty-eight hours of such arraignment. The court shall
 provide such person with a hearing date schedule,  a  waiver  form,  and
 such  other  information as may be required by the commissioner of motor
 vehicles. If a hearing, as provided for in paragraph (c) of this  subdi-
 vision,  is  waived  by  such person, the commissioner of motor vehicles
 A. 8599                            33
 
 shall immediately suspend the privilege to operate a snowmobile,  as  of
 the  date of receipt of such waiver in accordance with the provisions of
 paragraph (d) of this subdivision.
   (c)  Any  person  whose  privilege  to  operate  a snowmobile has been
 suspended pursuant to paragraph (b) of this subdivision is entitled to a
 hearing in accordance with a hearing schedule to be promulgated  by  the
 commissioner  of  motor  vehicles.  If  the department of motor vehicles
 fails to provide for such hearing fifteen days after  the  date  of  the
 arraignment  of  the arrested person, the privilege to operate a snowmo-
 bile of such person shall be reinstated pending a  hearing  pursuant  to
 this section. The hearing shall be limited to the following issues:  (1)
 did the police officer have reasonable cause to believe that such person
 had  been operating a snowmobile in violation of any paragraph of subdi-
 vision one of this section; (2) did the police  officer  make  a  lawful
 arrest  of such person; (3) was such person given sufficient warning, in
 clear and unequivocal language, prior to such refusal that such  refusal
 to  submit  to  such chemical test OR EVALUATION or any portion thereof,
 would result in the immediate suspension of such person's  privilege  to
 operate  a  snowmobile whether or not such person is found guilty of the
 charge for which the arrest was made; and (4) did such person refuse  to
 submit  to  such chemical test OR EVALUATION or any portion thereof. If,
 after such hearing, the hearing officer, acting on behalf of the commis-
 sioner of motor vehicles, finds on any one of said issues in  the  nega-
 tive,  the  hearing  officer  shall immediately terminate any suspension
 arising from such refusal. If, after such hearing, the hearing  officer,
 acting  on behalf of the commissioner of motor vehicles finds all of the
 issues in the affirmative, such officer shall  immediately  suspend  the
 privilege  to  operate a snowmobile in accordance with the provisions of
 paragraph (d) of this subdivision. A person who has had the privilege to
 operate a snowmobile suspended pursuant to this subdivision  may  appeal
 the findings of the hearing officer in accordance with the provisions of
 article three-A of the vehicle and traffic law. Any person may waive the
 right  to a hearing under this section. Failure by such person to appear
 for the scheduled hearing shall constitute a  waiver  of  such  hearing,
 provided,  however,  that  such  person may petition the commissioner of
 motor vehicles for a new hearing which shall be held as soon as  practi-
 cable.
   (d) (1) Any privilege to operate a snowmobile which has been suspended
 pursuant  to paragraph (c) of this subdivision shall not be restored for
 six months after such suspension. However, no such  privilege  shall  be
 restored  for  at least one year after such suspension in any case where
 the person has had a prior suspension resulting from refusal  to  submit
 to  a  chemical  test OR EVALUATION pursuant to this subdivision, or has
 been convicted of a violation of any paragraph  of  subdivision  one  of
 this section not arising out of the same incident, within the five years
 immediately preceding the date of such suspension.
   (2)  Any  person  whose privilege to operate a snowmobile is suspended
 pursuant to the provisions of this subdivision shall also be liable  for
 a civil penalty in the amount of two hundred dollars except that if such
 suspension  is a second or subsequent suspension pursuant to this subdi-
 vision issued within a  five  year  period,  or  such  person  has  been
 convicted  of  a  violation  of any paragraph of subdivision one of this
 section within the past five years not arising out of the same incident,
 the civil penalty shall be in the amount of five  hundred  dollars.  The
 privilege  to  operate a snowmobile shall not be restored to such person
 unless such penalty has been paid. The first one hundred dollars of each
 A. 8599                            34
 
 penalty collected by the department of motor vehicles  pursuant  to  the
 provisions  of  this  subdivision  shall  be paid to the commissioner of
 motor vehicles for deposit to the general fund and the remainder of  all
 such  penalties  shall  be  paid  to the commissioner for deposit in the
 snowmobile trail development and maintenance fund  established  pursuant
 to section ninety-two-n of the state finance law.
   (e)  The  commissioner  of  motor  vehicles  in  consultation with the
 commissioner shall promulgate such  rules  and  regulations  as  may  be
 necessary to effectuate the provisions of this subdivision.
   (f)  Evidence  of  a refusal to submit to such chemical test OR EVALU-
 ATION shall be admissible in any trial, proceeding or hearing based upon
 a violation of the provisions of this section, but only upon  a  showing
 that  the  person was given sufficient warning, in clear and unequivocal
 language, of the effect of such refusal and that the person persisted in
 [his or her] THEIR refusal.
   (g) Upon the request of the person tested OR EVALUATED, the results of
 such test OR EVALUATION shall be made available to [him or  her]    SUCH
 PERSON.
   7.  Compulsory  chemical  tests  AND DRUG RECOGNITION EVALUATIONS. (a)
 Notwithstanding the provisions of subdivision six of  this  section,  no
 person  who operates a snowmobile upon a street, highway, public trails,
 lands, bodies of water, or private property of  another  may  refuse  to
 submit  to  a  chemical  test  of  one or more of the following: breath,
 blood, urine or [saliva] ORAL FLUID, OR AN  EVALUATION  CONDUCTED  BY  A
 CERTIFIED  DRUG  RECOGNITION  EXPERT, for the purpose of determining the
 alcoholic and/or drug content of the blood when a court order  for  such
 chemical  test  OR  EVALUATION  has  been  issued in accordance with the
 provisions of this subdivision.
   (b) Upon refusal by any person to submit to a chemical test OR  EVALU-
 ATION  or  any  portion  thereof  as  described in paragraph (a) of this
 subdivision, the test OR EVALUATION shall not be given unless  a  police
 officer  or a district attorney, as defined in subdivision thirty-two of
 section 1.20 of the criminal procedure law, requests and obtains a court
 order to compel a person to submit to a chemical test OR  AN  EVALUATION
 CONDUCTED  BY A CERTIFIED DRUG RECOGNITION EXPERT to determine the alco-
 holic or drug content of the person's blood upon a finding of reasonable
 cause to believe that:
   (1) such person was the operator of a snowmobile and in the course  of
 such  operation  a person other than the operator was killed or suffered
 serious physical injury as defined in section 10.00 of  the  penal  law;
 and
   (2) (i) either such person operated the snowmobile in violation of any
 paragraph of subdivision one of this section, or
   (ii) a breath TEST OR ORAL FLUID test administered by a police officer
 in accordance with subdivision five of this section indicates that alco-
 hol [has] OR A DRUG OR DRUGS HAVE been consumed by such person; and
   (3) such person has been placed under lawful arrest; and
   (4) such person has refused to submit to a chemical test OR EVALUATION
 or  any  portion thereof, requested in accordance with the provisions of
 subdivision six of this section or is unable to give consent to  such  a
 test.
   (c)  For  the  purpose of this subdivision "reasonable cause" shall be
 determined by viewing the  totality  of  circumstances  surrounding  the
 incident  which,  when  taken  together,  indicate that the operator was
 operating a snowmobile in violation of any paragraph of subdivision  one
 of this section. Such circumstances may include, but are not limited to:
 A. 8599                            35
 
 evidence  that  the  operator was operating a snowmobile in violation of
 any provision of this chapter which regulates  the  manner  in  which  a
 snowmobile  is  to be properly operated at the time of the incident; any
 visible  indication  of alcohol or drug consumption or impairment by the
 operator; any other evidence surrounding the circumstances of the  inci-
 dent  which  indicates that the operator has been operating a snowmobile
 while impaired by the consumption of alcohol or drugs or was intoxicated
 at the time of the incident.
   (d) (1) An application for a court order to  compel  submission  to  a
 chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT or any portion thereof, may be made to any supreme court justice,
 county  court  judge or district court judge in the judicial district in
 which the incident occurred, or if the incident occurred in the city  of
 New York before any supreme court justice or judge of the criminal court
 of  the  city of New York. Such application may be communicated by tele-
 phone, radio or other means of electronic communication, or in person.
   (2) The applicant must provide identification by name  and  title  and
 must  state the purpose of the communication. Upon being advised that an
 application for a court order to compel submission to a chemical test OR
 AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT is  being
 made,  the  court  shall  place  under  oath the applicant and any other
 person providing information in support of the application  as  provided
 in subparagraph three of this paragraph. After being sworn the applicant
 must state that the person from whom the chemical test OR EVALUATION was
 requested  was  the  operator  of a snowmobile and in the course of such
 operation a person, other than the operator, has been killed or serious-
 ly injured and, based upon  the  totality  of  circumstances,  there  is
 reasonable  cause to believe that such person was operating a snowmobile
 in violation of any paragraph of subdivision one of  this  section  and,
 after  being placed under lawful arrest such person refused to submit to
 a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG  RECOGNI-
 TION EXPERT or any portion thereof, in accordance with the provisions of
 this  section  or is unable to give consent to such a test OR EVALUATION
 or any portion thereof. The applicant must make specific allegations  of
 fact to support such statement. Any other person properly identified may
 present  sworn  allegations of fact in support of the applicant's state-
 ment.
   (3) Upon being advised that an oral application for a court  order  to
 compel  a person to submit to a chemical test OR AN EVALUATION CONDUCTED
 BY A CERTIFIED DRUG RECOGNITION EXPERT is being made, a judge or justice
 shall place under oath the applicant  and  any  other  person  providing
 information in support of the application. Such oath or oaths and all of
 the remaining communication must be recorded, either by means of a voice
 recording device or verbatim stenographic or verbatim longhand notes. If
 a  voice  recording  device  is  used or a stenographic record made, the
 judge must have the record transcribed, certify to the accuracy  of  the
 transcription  and  file  the original record and transcription with the
 court within seventy-two hours of the issuance of the  court  order.  If
 the  longhand notes are taken, the judge shall subscribe a copy and file
 it with the court within twenty-four hours of the issuance of the order.
   (4) If the court is satisfied that the requirements for  the  issuance
 of  a  court  order  pursuant to the provisions of paragraph (b) of this
 subdivision have been met, it may grant the  application  and  issue  an
 order  requiring  the  accused to submit to a chemical test to determine
 the alcoholic and/or drug content of [his or her]  SUCH  PERSON'S  blood
 and  ordering  the  withdrawal  of a blood sample in accordance with the
 A. 8599                            36
 
 provisions of subdivision eight of this section AND/OR TO SUBMIT  TO  AN
 EVALUATION  CONDUCTED  BY  A  CERTIFIED DRUG RECOGNITION EXPERT.  When a
 judge or justice determines to issue an order to compel submission to  a
 chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT  based  on  an  oral  application,  the  applicant therefor shall
 prepare the order in accordance with the instructions of  the  judge  or
 justice.  In  all  cases the order shall include the name of the issuing
 judge or justice, the name of the applicant, and the date  and  time  it
 was  issued.  It  must  be  signed  by the judge or justice if issued in
 person, or by the applicant if issued orally.
   (5) Any false statement by an applicant or any other person in support
 of an application for a court order shall subject  such  person  to  the
 offenses  for  perjury set forth in article two hundred ten of the penal
 law.
   (e) An order issued pursuant to the  provisions  of  this  subdivision
 shall  require  that  a  chemical  test  OR AN EVALUATION CONDUCTED BY A
 CERTIFIED DRUG RECOGNITION EXPERT to determine the alcoholic and/or drug
 content of the operator's blood must be administered. The provisions  of
 paragraphs  (a),  (b) and (c) of subdivision eight of this section shall
 be applicable to any chemical test OR EVALUATION  administered  pursuant
 to this section.
   (f) A defendant who has been compelled to submit to a chemical test OR
 AN  EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT pursuant
 to the provisions of this subdivision may move for  the  suppression  of
 such evidence in accordance with article seven hundred ten of the crimi-
 nal  procedure  law  on  the grounds that the order was obtained and the
 test administered OR EVALUATION CONDUCTED in violation of the provisions
 of this subdivision or any other applicable law.
   8. Testing procedures. (a) At the request of  a  police  officer,  the
 following  persons may withdraw blood for the purpose of determining the
 alcohol or drug content therein: (1) a physician, a  registered  profes-
 sional  nurse  or  a  registered physician's assistant; or (2) under the
 supervision and at the direction of a physician:  a  medical  laboratory
 technician  or  medical  technologist  as classified by civil service; a
 phlebotomist; an advanced emergency medical technician as  certified  by
 the  department of health, or a medical laboratory technician or medical
 technologist employed by a clinical laboratory approved under title five
 of article five of the public health  law.  This  limitation  shall  not
 apply to the taking of a urine, [saliva] ORAL FLUID or breath specimen.
   (b)  No person entitled to withdraw blood pursuant to paragraph (a) of
 this subdivision or hospital employing such person and no other employer
 of such person shall be sued or held liable for any act done or  omitted
 in the course of withdrawing blood at the request of a police officer or
 peace  officer  acting  pursuant  to [his or her] SUCH OFFICER'S special
 duties pursuant to this subdivision.
   (c) Any person who may have a cause of action arising from  the  with-
 drawal  of  blood  as  aforesaid, for which no personal liability exists
 under paragraph (b)  of  this  subdivision,  may  maintain  such  action
 against  the  state if the person entitled to withdraw blood pursuant to
 paragraph (a) of this subdivision acted at the request of a police offi-
 cer or peace officer acting pursuant to  [his  or  her]  SUCH  OFFICER'S
 special  duties, employed by the state, or against the appropriate poli-
 tical subdivision of the state if the person acted at the request  of  a
 police  officer  or  peace  officer acting pursuant to [his or her] SUCH
 OFFICER'S special duties, employed by a  political  subdivision  of  the
 A. 8599                            37
 
 state.  No  action shall be maintained pursuant to this paragraph unless
 notice of claim is duly filed or served in compliance with law.
   (d)  Notwithstanding  the foregoing provisions of this subdivision, an
 action may be maintained by the state or a political subdivision thereof
 against a person entitled to withdraw blood pursuant to paragraph (a) of
 this subdivision or hospital employing such  person  for  whose  act  or
 omission  the  state  or  the political subdivision has been held liable
 under this subdivision to recover  damages,  not  exceeding  the  amount
 awarded  to  the  claimant, that may have been sustained by the state or
 the political subdivision by reason of gross negligence on the  part  of
 such person entitled to withdraw blood.
   (e)  The  testimony of any person, other than a physician, entitled to
 draw blood pursuant to paragraph (a) of this subdivision in  respect  to
 any  such  withdrawal  of  blood made by [him or her] SUCH PERSON may be
 received in evidence with the same weight, force and effect as  if  such
 withdrawal of blood were made by a physician.
   (f)  The provisions of paragraphs (b), (c) and (d) of this subdivision
 shall also apply with regard to any person employed  by  a  hospital  as
 security  personnel  for  any act done or omitted in the course of with-
 drawing blood at the request of a police officer  pursuant  to  a  court
 order in accordance with this subdivision.
   (g)  The  person  tested  shall  be permitted to choose a physician to
 administer a chemical test in addition to the one  administered  at  the
 direction of the police officer.
   9.  Chemical  test  AND DRUG RECOGNITION EVALUATION evidence. (a) Upon
 the trial of any such  action  or  proceeding  arising  out  of  actions
 alleged to have been committed by any person arrested for a violation of
 any  paragraph of subdivision one of this section, the court shall admit
 evidence of the amount of alcohol or drugs in the defendant's  blood  as
 shown  by  a  test  administered OR EVALUATION CONDUCTED pursuant to the
 provisions of subdivision six or seven of this section.
   (b) The following effect shall be given to evidence of  blood  alcohol
 content,  as  determined  by  such  tests,  of  a  person arrested for a
 violation of any paragraph of subdivision one of this  section  and  who
 was operating a snowmobile:
   (1) evidence that there was .05 of one per centum or less by weight of
 alcohol  in  such  person's blood shall be prima facie evidence that the
 ability of such person to operate a snowmobile was not impaired  by  the
 consumption  of  alcohol, and that such person was not in an intoxicated
 condition.
   (2) evidence that there was more than .05 of one per centum  but  less
 than  .07  of  one  per centum of weight in such person's blood shall be
 prima facie evidence that such person was not in an  intoxicated  condi-
 tion,  but  such  evidence  shall  be relevant evidence but not be given
 prima facie effect, in determining whether the ability of such person to
 operate a snowmobile was impaired by the consumption of alcohol.
   (3) evidence that there was .07 of one per centum  or  more  but  less
 than  .08  of one per centum by weight of alcohol in such person's blood
 shall be prima facie evidence that such person was not in an intoxicated
 condition, but such evidence shall be given prima facie effect in deter-
 mining whether the ability of such person to operate  a  snowmobile  was
 impaired by the consumption of alcohol.
   (c)  Evidence  of  a refusal to submit to a chemical test OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT  or  any  portion
 thereof shall be admissible in any trial or hearing provided the request
 A. 8599                            38
 
 to  submit  to such a test OR EVALUATION was made in accordance with the
 provisions of subdivision six of this section.
   §  31.  Subdivision  1  and  paragraph (b) of subdivision 2 of section
 120.04 of the penal law, as amended by chapter 496 of the laws of  2009,
 are amended to read as follows:
   (1)  commits  such  crime  while  operating a motor vehicle while such
 person has .18 of one per centum or more by weight of  alcohol  in  such
 person's  blood  as  shown  by chemical analysis of such person's blood,
 breath, urine or [saliva] ORAL FLUID made pursuant to the provisions  of
 section eleven hundred ninety-four of the vehicle and traffic law;
   (b)  [his  or her] SUCH PERSON'S license or [his or her] SUCH PERSON'S
 privilege of operating a motor vehicle in the state or [his or her] SUCH
 PERSON'S privilege of obtaining a license issued by the commissioner  of
 motor vehicles is suspended or revoked and such suspension or revocation
 is based upon either a refusal to submit to a chemical test OR AN EVALU-
 ATION  CONDUCTED  BY  A  CERTIFIED  DRUG  RECOGNITION EXPERT pursuant to
 section eleven hundred ninety-four of the vehicle  and  traffic  law  or
 following  a  conviction  for  a  violation  of any of the provisions of
 section eleven hundred ninety-two of the vehicle and traffic law;
   § 32. Subdivision 1 and paragraph (b)  of  subdivision  2  of  section
 120.04-a  of  the  penal  law,  as amended by chapter 496 of the laws of
 2009, are amended to read as follows:
   (1) commits such crimes while operating a  motor  vehicle  while  such
 person  has  .18  of one per centum or more by weight of alcohol in such
 person's blood as shown by chemical analysis  of  such  person's  blood,
 breath,  urine or [saliva] ORAL FLUID made pursuant to the provisions of
 section eleven hundred ninety-four of the vehicle and traffic law;
   (b) [his or her] SUCH PERSON'S license or [his or her]  SUCH  PERSON'S
 privilege  of  operating  a  motor vehicle in this state or [his or her]
 SUCH PERSON'S privilege of obtaining a license issued by the commission-
 er of motor vehicles is suspended or  revoked  and  such  suspension  or
 revocation  is  based upon either a refusal to submit to a chemical test
 OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT pursu-
 ant to section eleven hundred ninety-four of the vehicle and traffic law
 or following a conviction for a violation of any of  the  provisions  of
 section eleven hundred ninety-two of the vehicle and traffic law;
   §  33.  Subdivision  1  and  paragraph (b) of subdivision 2 of section
 125.13 of the penal law, as amended by chapter 496 of the laws of  2009,
 are amended to read as follows:
   (1)  commits  such  crime  while  operating a motor vehicle while such
 person has .18 of one per centum or more by weight of  alcohol  in  such
 person's  blood  as  shown  by chemical analysis of such person's blood,
 breath, urine or [saliva] ORAL FLUID made pursuant to the provisions  of
 section eleven hundred ninety-four of the vehicle and traffic law;
   (b)  [his  or her] SUCH PERSON'S license or [his or her] SUCH PERSON'S
 privilege of operating a motor vehicle in the state or [his or her] SUCH
 PERSON'S privilege of obtaining a license issued by the commissioner  of
 motor vehicles is suspended or revoked and such suspension or revocation
 is based upon either a refusal to submit to a chemical test OR AN EVALU-
 ATION  CONDUCTED  BY  A  CERTIFIED  DRUG  RECOGNITION EXPERT pursuant to
 section eleven hundred ninety-four of the vehicle  and  traffic  law  or
 following  a  conviction  for  a  violation  of any of the provisions of
 section eleven hundred ninety-two of the vehicle and traffic law;
   § 34. Subdivision 1 and paragraph (b)  of  subdivision  2  of  section
 125.14  of the penal law, as amended by chapter 496 of the laws of 2009,
 are amended to read as follows:
 A. 8599                            39
 
   (1) commits such crimes while operating a  motor  vehicle  while  such
 person  has  .18  of one per centum or more by weight of alcohol in such
 person's blood as shown by chemical analysis  of  such  person's  blood,
 breath,  urine or [saliva] ORAL FLUID made pursuant to the provisions of
 section eleven hundred ninety-four of the vehicle and traffic law;
   (b)  [his  or her] SUCH PERSON'S license or [his or her] SUCH PERSON'S
 privilege of operating a motor vehicle in this state  or  [his  or  her]
 SUCH PERSON'S privilege of obtaining a license issued by the commission-
 er  of  motor  vehicles  is  suspended or revoked and such suspension or
 revocation is based upon either a refusal to submit to a  chemical  test
 OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT pursu-
 ant to section eleven hundred ninety-four of the vehicle and traffic law
 or  following  a  conviction for a violation of any of the provisions of
 section eleven hundred ninety-two of the vehicle and traffic law;
   § 35. This act shall take effect immediately.