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S05562 Summary:

S05562 Actions:

S05562 Committee Votes:

S05562 Floor Votes:

S05562 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5562--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 12, 2017
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted 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.  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) 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00154-02-7
        S. 5562--A                          2
 
     1  grounds to believe such motor vehicle operator committed a serious traf-
     2  fic violation in the same accident. Upon refusal to submit to such test-
     3  ing, such person shall be subject to the provisions  of  section  eleven
     4  hundred  ninety-four of this chapter. The results of such field sobriety
     5  and chemical tests or refusals of such tests shall be  included  in  the
     6  police  investigation report. For the purposes of this section, "serious
     7  traffic violation" shall mean operating a motor vehicle in violation  of
     8  any  of the following provisions of this chapter: articles twenty-three,
     9  twenty-four,  twenty-five,  twenty-six,  twenty-eight,  twenty-nine  and
    10  thirty  and sections five hundred eleven, six hundred and twelve hundred
    11  twelve.
    12    (c) The police shall forward a copy of the investigation report to the
    13  commissioner within five business days of the completion of such report.
    14    § 2. Paragraphs (b) and (c) of subdivision 2 of section  1194  of  the
    15  vehicle  and traffic law, paragraph (b) as amended by chapter 196 of the
    16  laws of 1996 and paragraph (c) as added by chapter 47  of  the  laws  of
    17  1988, are amended to read as follows:
    18    (b)  Report  of  refusal.  (1)  If: (A) such person having been placed
    19  under arrest or having driven a vehicle involved in an accident  result-
    20  ing  in serious physical injury to, or the death of, another person and,
    21  pursuant to paragraph (b) of subdivision  one  of  section  six  hundred
    22  three-a  of  this  chapter, there are reasonable grounds to believe such
    23  person has committed a serious traffic  violation  as  defined  by  such
    24  paragraph;  or (B) after a breath test indicates the presence of alcohol
    25  in the person's system; or (C) with regard to a person under the age  of
    26  twenty-one, there are reasonable grounds to believe that such person has
    27  been  operating  a  motor  vehicle  after  having  consumed  alcohol  in
    28  violation of section eleven hundred ninety-two-a of  this  article;  and
    29  having  thereafter  been  requested  to submit to such chemical test and
    30  having been informed that the person's license or permit  to  drive  and
    31  any  non-resident operating privilege shall be immediately suspended and
    32  subsequently revoked, or, for operators under the age of twenty-one  for
    33  whom there are reasonable grounds to believe that such operator has been
    34  operating  a motor vehicle after having consumed alcohol in violation of
    35  section eleven hundred ninety-two-a of this article,  shall  be  revoked
    36  for  refusal  to  submit  to  such chemical test or any portion thereof,
    37  whether or not the person is found guilty of the charge for  which  such
    38  person  is arrested or detained, refuses to submit to such chemical test
    39  or any portion thereof, unless a court order has been  granted  pursuant
    40  to  subdivision three of this section, the test shall not be given and a
    41  written report of such refusal shall be immediately made by  the  police
    42  officer  before  whom such refusal was made. Such report may be verified
    43  by having the report sworn to, or by affixing  to  such  report  a  form
    44  notice  that  false  statements made therein are punishable as a class A
    45  misdemeanor pursuant to section 210.45 of the penal law  and  such  form
    46  notice together with the subscription of the deponent shall constitute a
    47  verification of the report.
    48    (2)  The  report  of  the  police  officer  shall set forth reasonable
    49  grounds to believe such arrested person or such  detained  person  under
    50  the  age  of twenty-one had been driving in violation of any subdivision
    51  of section eleven hundred ninety-two or eleven hundred  ninety-two-a  of
    52  this  article,  that  said person had refused to submit to such chemical
    53  test, and that  no  chemical  test  was  administered  pursuant  to  the
    54  requirements  of  subdivision three of this section. The report shall be
    55  presented to the court upon arraignment  of  an  arrested  person  or  a
    56  person  arrested  or  issued  an appearance ticket for a serious traffic
        S. 5562--A                          3
 
     1  violation committed in the same accident being investigated pursuant  to
     2  paragraph  (b) of subdivision one of section six hundred three-a of this
     3  chapter, provided, however, in the case of a person  under  the  age  of
     4  twenty-one, for whom a test was authorized pursuant to the provisions of
     5  subparagraph  two or three of paragraph (a) of this subdivision, and who
     6  has not been  placed  under  arrest  for  a  violation  of  any  of  the
     7  provisions  of  section  eleven hundred ninety-two of this article, such
     8  report shall be forwarded to the commissioner within  forty-eight  hours
     9  in  a  manner  to  be prescribed by the commissioner, and all subsequent
    10  proceedings with regard to refusal to submit to such  chemical  test  by
    11  such person shall be as set forth in subdivision three of section eleven
    12  hundred ninety-four-a of this article.
    13    (3) For persons placed under arrest for a violation of any subdivision
    14  of  section  eleven  hundred  ninety-two of this article or placed under
    15  arrest or issued an appearance ticket for a  serious  traffic  violation
    16  committed  in the same accident being investigated pursuant to paragraph
    17  (b) of subdivision one of section six hundred three-a of  this  chapter,
    18  the  license or permit to drive and any non-resident operating privilege
    19  shall, upon the basis of such written report, be  temporarily  suspended
    20  by  the  court  without notice pending the determination of a hearing as
    21  provided in paragraph (c) of this subdivision.  Copies  of  such  report
    22  must  be transmitted by the court to the commissioner and such transmit-
    23  tal may not be waived even with the consent of  all  the  parties.  Such
    24  report  shall  be forwarded to the commissioner within forty-eight hours
    25  of such arraignment.
    26    (4) The court or the police officer, in the case of a person under the
    27  age of twenty-one alleged to be driving after having  consumed  alcohol,
    28  shall  provide such person with a scheduled hearing date, a waiver form,
    29  and such other information as may be required by the commissioner. If  a
    30  hearing, as provided for in paragraph (c) of this subdivision, or subdi-
    31  vision three of section eleven hundred ninety-four-a of this article, is
    32  waived  by  such  person,  the commissioner shall immediately revoke the
    33  license, permit, or non-resident operating privilege, as of the date  of
    34  receipt  of  such  waiver in accordance with the provisions of paragraph
    35  (d) of this subdivision.
    36    (c) Hearings. Any person whose license or permit to drive or any  non-
    37  resident  driving privilege has been suspended pursuant to paragraph (b)
    38  of this subdivision is entitled to a hearing in accordance with a  hear-
    39  ing  schedule  to  be promulgated by the commissioner. If the department
    40  fails to provide for such hearing fifteen days after  the  date  of  the
    41  arraignment  of  the  arrested  person,  the license, permit to drive or
    42  non-resident operating privilege of  such  person  shall  be  reinstated
    43  pending a hearing pursuant to this section. The hearing shall be limited
    44  to  the  following  issues:  (1)  did the police officer have reasonable
    45  grounds to believe that such person had been driving in violation of any
    46  subdivision of section eleven hundred ninety-two of this article or  was
    47  driving a vehicle involved in an accident being investigated pursuant to
    48  paragraph  (b) of subdivision one of section six hundred three-a of this
    49  chapter; (2) did the police officer make a lawful arrest of such  person
    50  or issue a lawful appearance ticket to, or make a lawful arrest of, such
    51  person  for  a  serious traffic violation committed in the same accident
    52  being investigated pursuant to  paragraph  (b)  of  subdivision  one  of
    53  section  six  hundred three-a of this chapter; (3) was such person given
    54  sufficient warning, in clear or  unequivocal  language,  prior  to  such
    55  refusal that such refusal to submit to such chemical test or any portion
    56  thereof, would result in the immediate suspension and subsequent revoca-
        S. 5562--A                          4
 
     1  tion of such person's license or operating privilege whether or not such
     2  person  is  found  guilty of the charge for which the arrest was made or
     3  the appearance ticket was issued; and (4)  did  such  person  refuse  to
     4  submit  to  such  chemical  test  or any portion thereof. If, after such
     5  hearing, the hearing officer, acting  on  behalf  of  the  commissioner,
     6  finds  on  any  one  of said issues in the negative, the hearing officer
     7  shall immediately terminate any suspension arising  from  such  refusal.
     8  If,  after  such  hearing,  the hearing officer, acting on behalf of the
     9  commissioner finds all of the issues in the  affirmative,  such  officer
    10  shall immediately revoke the license or permit to drive or any non-resi-
    11  dent  operating privilege in accordance with the provisions of paragraph
    12  (d) of this subdivision. A person who has had a  license  or  permit  to
    13  drive  or non-resident operating privilege suspended or revoked pursuant
    14  to this subdivision may appeal the findings of the  hearing  officer  in
    15  accordance  with  the provisions of article three-A of this chapter. Any
    16  person may waive the right to a hearing under this section.  Failure  by
    17  such person to appear for the scheduled hearing shall constitute a waiv-
    18  er of such hearing, provided, however, that such person may petition the
    19  commissioner  for a new hearing which shall be held as soon as practica-
    20  ble.
    21    § 3. This act shall take effect on the thirtieth day  after  it  shall
    22  have become a law.