Requires investigating officers to field test and test blood alcohol levels of all drivers involved in auto accidents where serious physical injury or death occur; imposes rebuttable presumption of guilt for refusals; requires hospital to conduct such test where trauma/injury is considered too severe.
STATE OF NEW YORK
________________________________________________________________________
542
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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Introduced by M. of A. D'URSO, BLAKE, COOK, DAVILA, GALEF, ORTIZ,
SEAWRIGHT, WILLIAMS -- Multi-Sponsored by -- M. of A. DICKENS -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
breathalyzer tests of drivers involved in accidents causing serious
physical injury or death
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 603-a of the
2 vehicle and traffic law, as amended by chapter 27 of the laws of 2018,
3 is amended to read as follows:
4 (b) [When present at the scene of such accident, the investigating
5 officer shall also request that all operators of motor vehicles involved
6 in such accident submit to field testing as defined in section eleven
7 hundred ninety-four of this chapter provided there are reasonable
8 grounds to believe such motor vehicle operator committed a serious traf-
9 fic violation in the same accident. The results of such field testing or
10 refusal of such testing shall be included in the police investigation
11 report. For the purposes of this section, "serious traffic violation"
12 shall mean operating a motor vehicle in violation of any of the follow-
13 ing provisions of this chapter: articles twenty-three, twenty-four,
14 twenty-five, twenty-six, twenty-eight, twenty-nine and thirty and
15 sections five hundred eleven, six hundred and twelve hundred twelve.]
16 Such investigation of an accident scene shall also include the adminis-
17 tration of field sobriety and a chemical test of blood alcohol level to
18 all motor vehicle drivers involved in such accident. The investigating
19 police officers must inform the drivers of such testing requirements and
20 conduct them in accordance with the provisions of section eleven hundred
21 ninety-four of this chapter. The refusal to submit to such testing shall
22 constitute a rebuttable presumption of guilt and such refusal shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05898-01-9
A. 542 2
1 documented in accordance with the provisions of section eleven hundred
2 ninety-four of this chapter. If physical injuries do not permit such
3 chemical testing at the accident scene, such tests must be administered
4 at the hospital. The results of such field sobriety and chemical tests
5 or refusals of such tests shall be included in the police investigation
6 report.
7 § 2. Paragraphs (a) and (b) of subdivision 2 of section 603-a of the
8 vehicle and traffic law, as added by chapter 408 of the laws of 2001,
9 are amended, and two new paragraphs (c) and (d) are added to read as
10 follows:
11 (a) "commercial motor vehicle" shall have the same meaning as such
12 term is defined in either subdivision four of section five hundred one-a
13 or subdivision one of section five hundred nine-p of this chapter; [and]
14 (b) "serious physical injury" shall have the same meaning as such term
15 is defined in section 10.00 of the penal law[.];
16 (c) "field sobriety testing" shall have the same meaning as "field
17 test" or "breath test" pursuant to section eleven hundred ninety-four of
18 this chapter; and
19 (d) "chemical test" of blood alcohol level shall have the same meaning
20 as such term is defined in section eleven hundred ninety-four of this
21 chapter.
22 § 3. This act shall take effect on the thirtieth day after it shall
23 have become a law.
