Assembly Bill A8063

2013-2014 Legislative Session

Requires breathalyzer tests of drivers involved in accidents damaging other vehicles from behind

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2013-A8063 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §603, V & T L

2013-A8063 (ACTIVE) - Summary

Requires breathalyzer tests of drivers involved in accidents damaging other vehicles from behind.

2013-A8063 (ACTIVE) - Bill Text download pdf 

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

                                  8063

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

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

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  breathalyzer  tests  of  drivers  involved in accidents damaging other
  vehicles from behind

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

  Section  1.  Section  603 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
EVERY POLICE OFFICER OR JUDICIAL OFFICER TO WHOM AN ACCIDENT SHALL  HAVE
BEEN  REPORTED  INVOLVING  A VEHICLE WHICH IS HIT FROM BEHIND BY ANOTHER
VEHICLE SHALL IMMEDIATELY INVESTIGATE THE FACTS, OR CAUSE THE SAME TO BE
INVESTIGATED AND  REPORT  THE  MATTER  TO  THE  COMMISSIONER  FORTHWITH,
PROVIDED  THAT  SUCH  INVESTIGATION  OF  THE  ACCIDENT  SCENE SHALL ALSO
INCLUDE THE ADMINISTRATION OF FIELD SOBRIETY  AND  A  CHEMICAL  TEST  OF
BLOOD ALCOHOL LEVEL TO THE MOTOR VEHICLE DRIVER WHO HIT THE SECOND VEHI-
CLE FROM BEHIND. THE INVESTIGATING POLICE OFFICERS MUST INFORM THE DRIV-
ER  OF SUCH TESTING REQUIREMENTS AND CONDUCT THEM IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER.    THE
REFUSAL TO SUBMIT TO SUCH TESTING SHALL CONSTITUTE A REBUTTABLE PRESUMP-
TION  OF  GUILT  AND SUCH REFUSAL SHALL BE DOCUMENTED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER. IF
PHYSICAL INJURIES DO NOT PERMIT SUCH CHEMICAL TESTING  AT  THE  ACCIDENT
SCENE,  SUCH  TESTS MUST BE ADMINISTERED AT THE HOSPITAL. THE RESULTS OF
SUCH FIELD SOBRIETY AND CHEMICAL TESTS OR REFUSALS OF SUCH  TESTS  SHALL
BE INCLUDED IN THE POLICE INVESTIGATION REPORT. THE POLICE SHALL FORWARD
A COPY OF THE INVESTIGATION REPORT TO THE COMMISSIONER WITHIN FIVE BUSI-
NESS DAYS OF THE COMPLETION OF SUCH REPORT.
  S  2.  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.
                                                           LBD11555-01-3

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