Senate Bill S3630

                                 
BILL NUMBER: S3630

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act directing the commissioner of the division of criminal justice
services to study the effectiveness and accuracy of devices used to
estimate blood alcohol content by law enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

Directs the commissioner of the division of criminal justice services to
study the effectiveness and accuracy of devices used to estimate blood
alcohol content by law enforcement agencies.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes and directs the commissioner of the division of
criminal justice services to study the effectiveness and accuracy of
devices used to estimate blood alcohol content by law enforcement agen-
cies.

              

Section 2 requires that the commissioner of the division of criminal
justice service make a report to the governor and the legislature of his
or her findings, conclusions, and recommendations no later than one year
after the effective date of this act and shall submit with this report
such legislative proposals as it deems necessary to implement its recom-
mendations.

Section 3 sets the effective date.

 
JUSTIFICATION:

According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities such as, but not limited to
having used hand sanitizer before an examination.  While field tests are
not court admissible, the devices used in police stations are and they
also have been found to be inaccurate.  This legislation would require
the Commissioner of Criminal Justice Services to conduct a study examin-
ing the validity and reliability of these important tools used to secure
convictions in cases where a suspect is found to be under the influence
of alcohol. In addition, the findings of this study would help assure
New Yorkers that justice is being carried out impartially.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A8762

2021-22: A2613

2023-24: S8326B/ A189B

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:,:
This act shall take effect immediately.