Assembly Bill A2685

2015-2016 Legislative Session

Requires a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2685 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2573
2011-2012: A2853
2013-2014: A3934
2017-2018: A1008
2019-2020: A3126
2021-2022: A1536
2023-2024: A831

2015-A2685 (ACTIVE) - Summary

Requires court-ordered blood alcohol content testing for all drivers involved in fatal and serious physical injury accidents where there is a reasonable cause to believe an alcohol-related offense has been committed; provides exception when seeking court order would unduly interfere with emergency medical assistance or other necessary services at incident scene.

2015-A2685 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2685

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the applica-
  tion for court orders for compulsory chemical tests to determine blood
  alcohol content

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of paragraph (b) of subdivision 3 of
section 1194 of the vehicle and traffic law, as added by chapter  47  of
the laws of 1988, is amended to read as follows:
  Upon refusal by any person to submit to a chemical test or any portion
thereof  as  described  above,  [the  test  shall not be given unless] a
police officer or a district attorney, as defined in  subdivision  thir-
ty-two  of  section  1.20  of  the criminal procedure law, [requests and
obtains] SHALL REQUEST a court order to compel a person to submit  to  a
chemical test to determine the alcoholic or drug content of the person's
blood  [upon  a  finding of] IF SUCH POLICE OFFICER OR DISTRICT ATTORNEY
FINDS THAT THERE EXISTS reasonable cause to believe that:
  S 2. Subdivision 3 of section 1194 of the vehicle and traffic  law  is
amended by adding a new paragraph (f) to read as follows:
  (F) EXCEPTION. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION,  A  POLICE OFFICER SHALL NOT BE REQUIRED TO REQUEST A COURT
ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST WHERE SUCH  REQUEST  WOULD
IMPAIR  THE  ABILITY  TO  ADDRESS MEDICAL NEEDS OR OTHER EXIGENT CIRCUM-
STANCES AT THE SCENE OF AN INCIDENT.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-01-5


              

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