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
________________________________________________________________________
562
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed 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. Subdivision 1 of section 603-a of the vehicle and traffic
2 law, as added by chapter 408 of the laws of 2001, is amended to read as
3 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) Such investigation of an accident scene shall also include the
20 administration of field sobriety and a chemical test of blood alcohol
21 level to all motor vehicle drivers involved in such accident. The inves-
22 tigating police officers must inform the drivers of such testing
23 requirements and conduct them in accordance with the provisions of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01987-01-1
S. 562 2
1 section eleven hundred ninety-four of this chapter. The refusal to
2 submit to such testing shall constitute a rebuttable presumption of
3 guilt and such refusal shall be documented in accordance with the
4 provisions of section eleven hundred ninety-four of this chapter. If
5 physical injuries do not permit such chemical testing at the accident
6 scene, such tests must be administered at the hospital. The results of
7 such field sobriety and chemical tests or refusals of such tests shall
8 be included in the police investigation report.
9 (c) The police shall forward a copy of the investigation report to the
10 commissioner within five business days of the completion of such report.
11 § 2. Paragraphs (a) and (b) of subdivision 2 of section 603-a of the
12 vehicle and traffic law, as added by chapter 408 of the laws of 2001,
13 are amended, and two new paragraphs (c) and (d) are added to read as
14 follows:
15 (a) "commercial motor vehicle" shall have the same meaning as such
16 term is defined in either subdivision four of section five hundred one-a
17 or subdivision one of section five hundred nine-p of this chapter; [and]
18 (b) "serious physical injury" shall have the same meaning as such term
19 is defined in section 10.00 of the penal law[.];
20 (c) "field sobriety testing" shall have the same meaning as "field
21 test" or "breath test" pursuant to section eleven hundred ninety-four of
22 this chapter; and
23 (d) "chemical test" of blood alcohol level shall have the same meaning
24 as such term is defined in section eleven hundred ninety-four of this
25 chapter.
26 § 3. This act shall take effect on the thirtieth day after it shall
27 have become a law.
