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A08560 Summary:

A08560 Actions:

A08560 Floor Votes:

A08560 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8560--A
 
                   IN ASSEMBLY
 
                                    January 22, 2014
                                       ___________
 
        Introduced  by M. of A. BENEDETTO, MAYER, CLARK, JAFFEE, CROUCH, WALTER,
          CERETTO, RAIA, KEARNS, GOODELL, GALEF -- Multi-Sponsored by --  M.  of
          A.  DUPREY,  McDONOUGH,  McKEVITT,  McLAUGHLIN, SCHIMEL, WEISENBERG --
          read once and referred to the Committee on Transportation -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 

        AN ACT to amend the vehicle and traffic law, in  relation  to  mandatory
          testing  in the event of a motor vehicle collision resulting in injury
          or death
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as "Ruby's Law."
     2    § 2. Subdivision 1 of section 603-a of the vehicle and traffic law, as
     3  added by chapter 408 of the laws of 2001, is amended to read as follows:
     4    1.  In  addition  to  the requirements of section six hundred three of
     5  this article, whenever a motor vehicle accident results in serious phys-
     6  ical injury or death to a person, and such accident either is discovered
     7  by a police officer, or reported to a police officer  within  five  days
     8  after  such accident occurred, the police shall conduct an investigation

     9  of such accident.
    10    (a) Such investigation shall be conducted for the purposes of making a
    11  determination of the following: the facts and circumstances of the acci-
    12  dent; the type or types of vehicles involved, including passenger  motor
    13  vehicles,  commercial  motor vehicles, motorcycles, limited use motorcy-
    14  cles, off-highway motorcycles, and/or bicycles; whether pedestrians were
    15  involved; the contributing factor or factors; whether it can  be  deter-
    16  mined  if a violation or violations of this chapter occurred, and if so,
    17  the specific provisions of this chapter which were violated and by whom;
    18  and, the cause of such accident, where such cause can be determined.
    19    (b) When present at the scene  of  such  accident,  the  investigating
    20  officer shall also request that all operators of motor vehicles involved

    21  in  such  accident submit to a field sobriety test as defined in section
    22  eleven hundred ninety-four of this chapter provided there are reasonable
    23  grounds to believe such motor vehicle operator committed a serious traf-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05636-02-4
        A. 8560--A                          2
 
     1  fic violation in the same accident. Upon refusal to submit to such test-
     2  ing, such person shall be subject to the provisions  of  section  eleven
     3  hundred  ninety-four of this chapter. The results of such field sobriety

     4  and  chemical  tests  or refusals of such tests shall be included in the
     5  police investigation report. For the purposes of this section,  "serious
     6  traffic  violation" shall mean operating a motor vehicle in violation of
     7  any of the following provisions of this chapter: articles  twenty-three,
     8  twenty-four,  twenty-five,  twenty-six,  twenty-eight,  twenty-nine  and
     9  thirty and sections five hundred eleven, six hundred and twelve  hundred
    10  twelve.
    11    (c) The police shall forward a copy of the investigation report to the
    12  commissioner within five business days of the completion of such report.
    13    §  3.  Paragraphs  (b) and (c) of subdivision 2 of section 1194 of the
    14  vehicle and traffic law, paragraph (b) as amended by chapter 196 of  the

    15  laws  of  1996  and  paragraph (c) as added by chapter 47 of the laws of
    16  1988, are amended to read as follows:
    17    (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
    18  under  arrest or having driven a vehicle involved in an accident result-
    19  ing in serious physical injury to, or the death of, another person  and,
    20  pursuant  to  paragraph  (b)  of  subdivision one of section six hundred
    21  three-a of this chapter, there are reasonable grounds  to  believe  such
    22  person  has  committed  a  serious  traffic violation as defined by such
    23  paragraph; or (B) after a breath test indicates the presence of  alcohol
    24  in  the person's system; or (C) with regard to a person under the age of
    25  twenty-one, there are reasonable grounds to believe that such person has

    26  been  operating  a  motor  vehicle  after  having  consumed  alcohol  in
    27  violation  of  section  eleven hundred ninety-two-a of this article; and
    28  having thereafter been requested to submit to  such  chemical  test  and
    29  having  been  informed  that the person's license or permit to drive and
    30  any non-resident operating privilege shall be immediately suspended  and
    31  subsequently  revoked, or, for operators under the age of twenty-one for
    32  whom there are reasonable grounds to believe that such operator has been
    33  operating a motor vehicle after having consumed alcohol in violation  of
    34  section  eleven  hundred  ninety-two-a of this article, shall be revoked
    35  for refusal to submit to such chemical  test  or  any  portion  thereof,
    36  whether  or  not the person is found guilty of the charge for which such
    37  person is arrested or detained, refuses to submit to such chemical  test

    38  or  any  portion thereof, unless a court order has been granted pursuant
    39  to subdivision three of this section, the test shall not be given and  a
    40  written  report  of such refusal shall be immediately made by the police
    41  officer before whom such refusal was made. Such report may  be  verified
    42  by  having  the  report  sworn  to, or by affixing to such report a form
    43  notice that false statements made therein are punishable as  a  class  A
    44  misdemeanor  pursuant  to  section 210.45 of the penal law and such form
    45  notice together with the subscription of the deponent shall constitute a
    46  verification of the report.
    47    (2) The report of  the  police  officer  shall  set  forth  reasonable
    48  grounds  to  believe  such arrested person or such detained person under
    49  the age of twenty-one had been driving in violation of  any  subdivision

    50  of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
    51  this article, that said person had refused to submit  to  such  chemical
    52  test,  and  that  no  chemical  test  was  administered  pursuant to the
    53  requirements of subdivision three of this section. The report  shall  be
    54  presented  to  the  court  upon  arraignment  of an arrested person or a
    55  person arrested or issued an appearance ticket  for  a  serious  traffic
    56  violation  committed in the same accident being investigated pursuant to
        A. 8560--A                          3
 
     1  paragraph (b) of subdivision one of section six hundred three-a of  this
     2  chapter,  provided,  however,  in  the case of a person under the age of
     3  twenty-one, for whom a test was authorized pursuant to the provisions of

     4  subparagraph  two or three of paragraph (a) of this subdivision, and who
     5  has not been  placed  under  arrest  for  a  violation  of  any  of  the
     6  provisions  of  section  eleven hundred ninety-two of this article, such
     7  report shall be forwarded to the commissioner within  forty-eight  hours
     8  in  a  manner  to  be prescribed by the commissioner, and all subsequent
     9  proceedings with regard to refusal to submit to such  chemical  test  by
    10  such person shall be as set forth in subdivision three of section eleven
    11  hundred ninety-four-a of this article.
    12    (3) For persons placed under arrest for a violation of any subdivision
    13  of  section  eleven  hundred  ninety-two of this article or placed under
    14  arrest or issued an appearance ticket for a  serious  traffic  violation
    15  committed  in the same accident being investigated pursuant to paragraph

    16  (b) of subdivision one of section six hundred three-a of  this  chapter,
    17  the  license or permit to drive and any non-resident operating privilege
    18  shall, upon the basis of such written report, be  temporarily  suspended
    19  by  the  court  without notice pending the determination of a hearing as
    20  provided in paragraph (c) of this subdivision.  Copies  of  such  report
    21  must  be transmitted by the court to the commissioner and such transmit-
    22  tal may not be waived even with the consent of  all  the  parties.  Such
    23  report  shall  be forwarded to the commissioner within forty-eight hours
    24  of such arraignment.
    25    (4) The court or the police officer, in the case of a person under the
    26  age of twenty-one alleged to be driving after having  consumed  alcohol,
    27  shall  provide such person with a scheduled hearing date, a waiver form,

    28  and such other information as may be required by the commissioner. If  a
    29  hearing, as provided for in paragraph (c) of this subdivision, or subdi-
    30  vision three of section eleven hundred ninety-four-a of this article, is
    31  waived  by  such  person,  the commissioner shall immediately revoke the
    32  license, permit, or non-resident operating privilege, as of the date  of
    33  receipt  of  such  waiver in accordance with the provisions of paragraph
    34  (d) of this subdivision.
    35    (c) Hearings. Any person whose license or permit to drive or any  non-
    36  resident  driving privilege has been suspended pursuant to paragraph (b)
    37  of this subdivision is entitled to a hearing in accordance with a  hear-
    38  ing  schedule  to  be promulgated by the commissioner. If the department
    39  fails to provide for such hearing fifteen days after  the  date  of  the

    40  arraignment  of  the  arrested  person,  the license, permit to drive or
    41  non-resident operating privilege of  such  person  shall  be  reinstated
    42  pending a hearing pursuant to this section. The hearing shall be limited
    43  to  the  following  issues:  (1)  did the police officer have reasonable
    44  grounds to believe that such person had been driving in violation of any
    45  subdivision of section eleven hundred ninety-two of this article or  was
    46  driving a vehicle involved in an accident being investigated pursuant to
    47  paragraph  (b) of subdivision one of section six hundred three-a of this
    48  chapter; (2) did the police officer make a lawful arrest of such  person
    49  or issue a lawful appearance ticket to, or make a lawful arrest of, such
    50  person  for  a  serious traffic violation committed in the same accident

    51  being investigated pursuant to  paragraph  (b)  of  subdivision  one  of
    52  section  six  hundred three-a of this chapter; (3) was such person given
    53  sufficient warning, in clear or  unequivocal  language,  prior  to  such
    54  refusal that such refusal to submit to such chemical test or any portion
    55  thereof, would result in the immediate suspension and subsequent revoca-
    56  tion of such person's license or operating privilege whether or not such
        A. 8560--A                          4
 
     1  person  is  found  guilty of the charge for which the arrest was made or
     2  the appearance ticket was issued; and (4)  did  such  person  refuse  to
     3  submit  to  such  chemical  test  or any portion thereof. If, after such
     4  hearing,  the  hearing  officer,  acting  on behalf of the commissioner,

     5  finds on any one of said issues in the  negative,  the  hearing  officer
     6  shall  immediately  terminate  any suspension arising from such refusal.
     7  If, after such hearing, the hearing officer, acting  on  behalf  of  the
     8  commissioner  finds  all  of the issues in the affirmative, such officer
     9  shall immediately revoke the license or permit to drive or any non-resi-
    10  dent operating privilege in accordance with the provisions of  paragraph
    11  (d)  of  this  subdivision.  A person who has had a license or permit to
    12  drive or non-resident operating privilege suspended or revoked  pursuant
    13  to  this  subdivision  may appeal the findings of the hearing officer in
    14  accordance with the provisions of article three-A of this  chapter.  Any
    15  person  may  waive the right to a hearing under this section. Failure by
    16  such person to appear for the scheduled hearing shall constitute a waiv-

    17  er of such hearing, provided, however, that such person may petition the
    18  commissioner for a new hearing which shall be held as soon as  practica-
    19  ble.
    20    §  4.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.