Provides that evidence of the alcohol or drug content of a person's blood shall be admissible in a trial for driving while impaired or intoxicated if such evidence is acquired or obtained during the course of administering medical treatment for injuries sustained by such person, whether or not the person was under arrest at the time of the test; authorizes admission of such evidence of intoxication in civil proceedings.
STATE OF NEW YORK
________________________________________________________________________
5623
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. MOLINARO, McKEVITT, WALKER, ALFANO, KOLB,
BARCLAY, TOBACCO, GIGLIO, CORWIN, FINCH -- Multi-Sponsored by -- M. of
A. BALL, BARRA, BURLING, CALHOUN, CROUCH, DUPREY, ERRIGO, OAKS, TOWN-
SEND -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the civil practice law
and rules, in relation to the admissibility of evidence of alcohol or
drug content of blood obtained by medical personnel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1195 of the vehicle and traffic law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. Evidence. Upon trial of any action or proceeding arising out of
4 actions alleged to have been committed by any person arrested for a
5 violation of any provision of section eleven hundred ninety-two of this
6 article, the court shall admit evidence of the amount of alcohol or
7 drugs in the defendant's blood as shown by a test of such defendant's
8 breath, blood, urine or saliva administered by any person authorized to
9 withdraw blood in the course of medical treatment, if such person admin-
10 istered such test in the course of providing treatment of injuries
11 sustained by the defendant, irrespective of whether the defendant had
12 been arrested for a violation of section eleven hundred ninety-two of
13 this article at the time the test was administered and irrespective of
14 whether such test was performed at the request of a police officer.
15 § 2. The civil practice law and rules is amended by adding a new rule
16 4535 to read as follows:
17 Rule 4535. Chemical test evidence of alcohol or drug consumption in
18 civil damage actions. (a) In any action to recover damages for personal
19 injury, injury to property or wrongful death, wherein the issue of
20 intoxication or impairment of a motor vehicle operator shall have been
21 raised, the court shall admit evidence of the amount of alcohol or drugs
22 in the motor vehicle operator's blood as established by a chemical test
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07091-01-9
A. 5623 2
1 which is admissible pursuant to the provisions of section eleven hundred
2 ninety-five of the vehicle and traffic law or administered pursuant to
3 paragraph (b) of subdivision three of section six hundred seventy-four
4 of the county law.
5 (b) The following effect shall be given to evidence of blood-alcohol
6 content, as determined by such tests:
7 (1) Evidence that there was more than .05 of one per centum but less
8 than .08 of one per centum by weight of alcohol in a motor vehicle oper-
9 ator's blood shall constitute prima facie evidence that such operator
10 was impaired and shall, if unrebutted, constitute a complete bar to any
11 recovery on behalf of such operator where the proof shall show (i) that
12 the impairment of the motor vehicle operator was a proximate cause of
13 the occurrence, and (ii) that the culpable conduct of such operator
14 contributed fifty percent or more to the causation of the occurrence.
15 (2) Evidence that a motor vehicle operator's blood contained .08 of
16 one per centum or more, by weight of alcohol, shall constitute prima
17 facie evidence on the issue of such operator's intoxication and shall,
18 if unrebutted, constitute a complete bar to any recovery on behalf of
19 that operator when such intoxication was a proximate cause of the occur-
20 rence.
21 § 3. This act shall take effect on the first of November next succeed-
22 ing the date on which it shall have become a law, and shall apply to all
23 causes of action accruing on or after such effective date.
