S3769-2013 Actions

• Feb 14, 2013: REFERRED TO TRANSPORTATION

S3769-2013 Memo

BILL NUMBER:S3769

TITLE OF BILL:  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

PURPOSE:  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.

SUMMARY OF PROVISIONS:  Subdivision 1 of section 603-a of the vehicle
and traffic law is amended by adding paragraph (b) requiring an
investigation of an accident scene to include the administration of
field sobriety and a chemical test of blood alcohol level to all motor
vehicle drivers involved in such accident.

JUSTIFICATION:  Oftentimes when an automobile accident occurs and
there is resulting serious physical injury, or even death, no test of
blood alcohol level is conducted. This can be very disconcerting for
the victim(s) and/or the victims' family who are left with many
lingering unanswered questions about the cause of the accident which
caused serious physical injury or death to a loved one -- and no
recourse.  Not only does this create unending emotional pain for many
innocent people, but the integrity of the investigation is forever
under a cloud of doubt.

By requiring the testing of the blood alcohol level -after an auto
accident which causes serious physical injury or death many tormenting
doubts would be alleviated and the validity of the Investigation would
be intact.

LEGISLATIVE HISTORY:  2011 REFERRED TO TRANSPORTATION 2012 Passed
Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the thirtieth day after
it shall have become law.

S3769-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3769
 2013-2014 Regular Sessions
 I N  SENATE
 February 14, 2013
 
 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:

 

Section  1.  Subdivision 1 of section 603-a of the vehicle and traffic
 law, as added by chapter 408 of the laws of 2001, is amended to read  as
 follows:

 1.  In  addition  to  the requirements of section six hundred three of
 this article, whenever a motor vehicle accident results in serious phys
 ical injury or death to a person, and such accident either is discovered
 by a police officer, or reported to a police officer  within  five  days
 after  such accident occurred, the police shall conduct an investigation
 of such accident.
 (A) Such investigation shall be conducted for the purposes of making a
 determination of the following: the facts and circumstances of the acci
 dent; the type or types of vehicles involved, including passenger  motor
 vehicles,  commercial  motor vehicles, motorcycles, limited use motorcy
 cles, off-highway motorcycles, and/or bicycles; whether pedestrians were
 involved; the contributing factor or factors; whether it can  be  deter
 mined  if a violation or violations of this chapter occurred, and if so,
 the specific provisions of this chapter which were violated and by whom;
 and, the cause of such accident, where such cause can be determined.
 (B) SUCH INVESTIGATION OF AN ACCIDENT SCENE  SHALL  ALSO  INCLUDE  THE
 ADMINISTRATION  OF  FIELD  SOBRIETY AND A CHEMICAL TEST OF BLOOD ALCOHOL
 LEVEL TO ALL MOTOR VEHICLE DRIVERS INVOLVED IN SUCH ACCIDENT. THE INVES
 TIGATING POLICE  OFFICERS  MUST  INFORM  THE  DRIVERS  OF  SUCH  TESTING
 REQUIREMENTS  AND  CONDUCT  THEM  IN  ACCORDANCE  WITH THE PROVISIONS OF
 SECTION ELEVEN HUNDRED NINETY-FOUR  OF  THIS  CHAPTER.  THE  REFUSAL  TO
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08607-01-3
 
       S. 3769                             2
 SUBMIT  TO  SUCH  TESTING  SHALL  CONSTITUTE A REBUTTABLE PRESUMPTION 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.
 (C) The police shall forward a copy of the investigation report to the
 commissioner within five business days of the completion of such report.
 

S 2. Paragraphs (a) and (b) of subdivision 2 of section 603-a  of  the
 vehicle  and  traffic  law, as added by chapter 408 of the laws of 2001,
 are amended, and two new paragraphs (c) and (d) are  added  to  read  as
 follows:

 (a)  "commercial  motor  vehicle"  shall have the same meaning as such
 term is defined in either subdivision four of section five hundred one-a
 or subdivision one of section five hundred nine-p of this chapter; [and]
 (b) "serious physical injury" shall have the same meaning as such term
 is defined in section 10.00 of the penal law[.];
 (C) "FIELD SOBRIETY TESTING" SHALL HAVE THE  SAME  MEANING  AS  "FIELD
 TEST" OR "BREATH TEST" PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF
 THIS CHAPTER; AND
 (D) "CHEMICAL TEST" OF BLOOD ALCOHOL LEVEL SHALL HAVE THE SAME MEANING
 AS  SUCH  TERM  IS DEFINED IN SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS
 CHAPTER.
 

S 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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