Requires court-ordered blood alcohol content testing for all drivers involved in fatal and serious physical injury accidents where there is a reasonable cause to believe an alcohol-related offense has been committed; provides exception when seeking court order would unduly interfere with emergency medical assistance or other necessary services at incident scene.
STATE OF NEW YORK
________________________________________________________________________
2573
2009-2010 Regular Sessions
IN ASSEMBLY
January 20, 2009
___________
Introduced by M. of A. PRETLOW, CLARK, CARROZZA, GALEF -- Multi-Spon-
sored by -- M. of A. DIAZ, ENGLEBRIGHT, JOHN, MAYERSOHN -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the applica-
tion for court orders for compulsory chemical tests to determine blood
alcohol content
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (b) of subdivision 3 of
2 section 1194 of the vehicle and traffic law, as added by chapter 47 of
3 the laws of 1988, is amended to read as follows:
4 Upon refusal by any person to submit to a chemical test or any portion
5 thereof as described above, [the test shall not be given unless] a
6 police officer or a district attorney, as defined in subdivision thir-
7 ty-two of section 1.20 of the criminal procedure law, [requests and
8 obtains] shall request a court order to compel a person to submit to a
9 chemical test to determine the alcoholic or drug content of the person's
10 blood [upon a finding of] if such police officer or district attorney
11 finds that there exists reasonable cause to believe that:
12 § 2. Subdivision 3 of section 1194 of the vehicle and traffic law is
13 amended by adding a new paragraph (f) to read as follows:
14 (f) Exception. Notwithstanding the provisions of paragraph (b) of this
15 subdivision, a police officer shall not be required to request a court
16 order to compel submission to a chemical test where such request would
17 impair the ability to address medical needs or other exigent circum-
18 stances at the scene of an incident.
19 § 3. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05551-01-9
