Requires a police officer to provide the consequences of refusal to submit to a chemical test for the purpose of determining the alcoholic and/or drug content of the blood, both orally and in writing in such person's preferred language, and by an interpreter if necessary.
STATE OF NEW YORK
________________________________________________________________________
6461
2023-2024 Regular Sessions
IN SENATE
April 20, 2023
___________
Introduced by Sen. BAILEY -- 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 chemical
tests for the purpose of determining the alcoholic and/or drug content
of the blood
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
2 section 1194 of the vehicle and traffic law, as amended by chapter 196
3 of the laws of 1996, is amended to read as follows:
4 When authorized. Any person who operates a motor vehicle in this state
5 shall be deemed to have given consent to a chemical test of one or more
6 of the following: breath, blood, urine, or saliva, for the purpose of
7 determining the alcoholic and/or drug content of the blood provided that
8 such test is administered by or at the direction of a police officer
9 with respect to a chemical test of breath, urine or saliva or, with
10 respect to a chemical test of blood, at the direction of a police offi-
11 cer provided, however, that a police officer shall, after an oral and a
12 written explanation in the preferred language of the driver, by an
13 interpreter if necessary, of the consequences of refusal to take such
14 test:
15 § 2. Subparagraphs 1 and 2 of paragraph b of subdivision 2 of section
16 1194 of the vehicle and traffic law, subparagraph 1 as amended by chap-
17 ter 489 of the laws of 2017, clause (A) of subparagraph 1 and subpara-
18 graph 2 as amended by chapter 27 of the laws of 2018, are amended to
19 read as follows:
20 (1) If: (A) such person having been placed under arrest; or (B) after
21 a breath test indicates the presence of alcohol in the person's system;
22 or (C) with regard to a person under the age of twenty-one, there are
23 reasonable grounds to believe that such person has been operating a
24 motor vehicle after having consumed alcohol in violation of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10915-03-3
S. 6461 2
1 eleven hundred ninety-two-a of this article; and having thereafter been
2 requested to submit to such chemical test and having been informed, both
3 orally and in writing in such person's preferred language, that the
4 person's license or permit to drive and any non-resident operating priv-
5 ilege shall be immediately suspended and subsequently revoked, or, for
6 operators under the age of twenty-one for whom there are reasonable
7 grounds to believe that such operator has been operating a motor vehicle
8 after having consumed alcohol in violation of section eleven hundred
9 ninety-two-a of this article, shall be revoked for refusal to submit to
10 such chemical test or any portion thereof, whether or not the person is
11 found guilty of the charge for which such person is arrested or
12 detained, refuses to submit to such chemical test or any portion there-
13 of, unless a court order has been granted pursuant to subdivision three
14 of this section, the test shall not be given and a written report of
15 such refusal shall be immediately made by the police officer before whom
16 such refusal was made. Such report may be verified by having the report
17 sworn to, or by affixing to such report a form notice that false state-
18 ments made therein are punishable as a class A misdemeanor pursuant to
19 section 210.45 of the penal law and such form notice together with the
20 subscription of the deponent shall constitute a verification of the
21 report.
22 (2) The report of the police officer shall set forth reasonable
23 grounds to believe such arrested person or such detained person under
24 the age of twenty-one had been driving in violation of any subdivision
25 of section eleven hundred ninety-two or eleven hundred ninety-two-a of
26 this article, that said person had refused to submit to such chemical
27 test after being informed both orally and in writing of the consequences
28 of such refusal, and that no chemical test was administered pursuant to
29 the requirements of subdivision three of this section. The report shall
30 be presented to the court upon arraignment of an arrested person,
31 provided, however, in the case of a person under the age of twenty-one,
32 for whom a test was authorized pursuant to the provisions of subpara-
33 graph two or three of paragraph (a) of this subdivision, and who has not
34 been placed under arrest for a violation of any of the provisions of
35 section eleven hundred ninety-two of this article, such report shall be
36 forwarded to the commissioner within forty-eight hours in a manner to be
37 prescribed by the commissioner, and all subsequent proceedings with
38 regard to refusal to submit to such chemical test by such person shall
39 be as set forth in subdivision three of section eleven hundred ninety-
40 four-a of this article.
41 § 3. This act shall take effect on the ninetieth day after it shall
42 have become a law.