NY State Senate Bill 2013-S6263

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2014	recommit, enacting clause stricken
Jan 09, 2014	referred to transportation

2013-S6263 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1194, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S3768

2013-S6263 (ACTIVE) - Summary

Relates to compulsory chemical testing.

2013-S6263 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6263

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to compulsory chemical tests

PURPOSE:

The purpose of this bill is to provide the necessary tools to allow
the implementation of a "no refusal" policy in New York State.

SUMMARY OF PROVISIONS:

This bill amends the section 1194 of the Vehicle and Traffic Law to
allow application to a court to compel compliance with a chemical test
where a motorist is suspected to be under the influence and where the
driver has refused a chemical test.

EXISTING LAW:

Under current law, a police officer or district attorney may apply for
an order to compel upon refusal by an operator to submit to a chemical
test only when there is reasonable cause to believe the operator is
DUI and there is serious bodily harm or death. Law enforcement is not
permitted to apply for an order to compel where there is there is
reasonable cause, but neither serious bodily harm nor death.

JUSTIFICATION:

Under current law, upon receipt of his or her driver license a
motorist is deemed to have given consent to submit to a chemical test
when reasonable cause exists to believe he or she is driving under the
influence - this is a condition of the privilege to drive  Should a
motorist choose not to submit, he or she faces a period of license
revocation and monetary penalties. Law enforcement, however, faces the
prospect of having to make a case without what is often times the sole
piece of objective evidence in a DUI case.

Given the choice of a fine and period of revocation, as against
providing substantial evidence of one's guilt in what could be a
criminal matter, it is no surprise that many times a motorist refuses
to submit to a chemical test. This legislation seeks to strengthen law
enforcement's hand in these situations. This bill would allow
applications to the court in any situation in which law enforcement
has a reasonable belief that a motorist is driving under the influence
and that motorist has refused to submit to a chemical test.  This bill
would add real teeth to the "implied consent" provision of the Vehicle
and Traffic Law.

Presently, the authority to apply to a court for an order to compel
submission to a chemical test exists only in situations of death or
serious injury. This bill allow for applications to the court where a
motorist refuses to submit to a chemical test in situations where
there is a reasonable cause exists to believe the motorist is under
the influence but in which there has been no death or serious injury..
In so amending the law, all judicial safeguards have been preserved. A
law enforcement officer must articulate to a judge his or her
reasonable cause for the belief that the motorist was driving under


the influence, and only when a judge is satisfied that such cause
exists will a court order be issued.

In December, U.S.Transportation Secretary, Ray LaHood highlighted the
need for a national no refusal" policy, calling on each state to adopt
such a policy. Presently, nine states implement no refusal strategies
at some level. New York's adoption of such a policy would be a strong
tool for law enforcement in the prevention of DUI and DUI related
tragedies.

LEGISLATIVE HISTORY:

2011-12: Passed the Senate (S 3768B)
2013: Passed the Senate (S. 757)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2013-S6263 (ACTIVE) - Bill Text download pdf

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

                                  6263

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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  compulsory
  chemical tests

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

  Section 1.  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:
  (b) When authorized. Upon refusal by any person to submit to a  chemi-
cal  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  thirty-two  of  section 1.20 of the criminal procedure law,
requests and obtains 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 reasonable cause to believe that:
  (1) [such person was the operator of a motor vehicle and in the course
of  such  operation  a  person  other  than  the  operator was killed or
suffered serious physical injury as defined  in  section  10.00  of  the
penal law; and
  (2)]  a.  either  such person operated the vehicle in violation of any
subdivision of section eleven hundred ninety-two of this article, or
  b. a breath test administered by a police officer in  accordance  with
paragraph  (b) of subdivision one of this section indicates that alcohol
has been consumed by such person; and
  [(3)] (2) such person has been placed under lawful arrest; and
  [(4)] (3) such person has refused to submit to a chemical test or  any
portion  thereof,  requested  in accordance with the provisions of para-
graph (a) of subdivision two of  this  section  or  is  unable  to  give
consent to such a test.
  S  2.  Subparagraphs  1  and  2  of  paragraph (b) of subdivision 2 of
section 1194 of the vehicle and traffic law, as amended by  chapter  196
of the laws of 1996, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01338-02-3

S. 6263                             2

  (1)  If: (A) such person having been placed under arrest; or (B) after
a breath test indicates the presence of alcohol in the person's  system;
or  (C)  with  regard to a person under the age of twenty-one, there are
reasonable grounds to believe that such  person  has  been  operating  a
motor  vehicle  after  having  consumed  alcohol in violation of section
eleven hundred ninety-two-a of this article; and having thereafter  been
requested  to submit to such chemical test and having been informed that
the person's license or permit to drive and any  non-resident  operating
privilege  shall  be immediately suspended and subsequently revoked, or,
for operators under the age of twenty-one for whom there are  reasonable
grounds to believe that such operator has been operating a motor vehicle
after  having  consumed  alcohol  in violation of section eleven hundred
ninety-two-a of this article, shall be revoked for refusal to submit  to
such  chemical test or any portion thereof, whether or not the person is
found guilty of  the  charge  for  which  such  person  is  arrested  or
detained,  refuses to submit to such chemical test or any portion there-
of, [unless a court order has been granted pursuant to subdivision three
of this section, the test shall not be given and] a  written  report  of
such refusal shall be immediately made by the police officer before whom
such  refusal was made. Such report may be verified by having the report
sworn to, or by affixing to such report a form notice that false  state-
ments  made  therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law and such form notice together  with  the
subscription  of  the  deponent  shall  constitute a verification of the
report.
  (2) The report of  the  police  officer  shall  set  forth  reasonable
grounds  to  believe  such arrested person or such detained person under
the age of twenty-one had been driving in violation of  any  subdivision
of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
this article[,] AND that said person had refused to submit to such chem-
ical test[, and that no chemical test was administered pursuant  to  the
requirements  of subdivision three of this section]. The report shall be
presented to the court upon arraignment of an arrested person, provided,
however, in the case of a person under the age of twenty-one, for whom a
test was authorized pursuant to the provisions of  subparagraph  two  or
three  of paragraph (a) of this subdivision, and who has not been placed
under arrest for a violation of any of the provisions of section  eleven
hundred  ninety-two  of  this article, such report shall be forwarded to
the commissioner within forty-eight hours in a manner to  be  prescribed
by  the  commissioner,  and  all  subsequent  proceedings with regard to
refusal to submit to such chemical test by such person shall be  as  set
forth  in  subdivision  three of section eleven hundred ninety-four-a of
this article.
  S 3. Subparagraph 2 of paragraph (d) 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:
  (2) The applicant must provide identification by name  and  title  and
must  state the purpose of the communication. Upon being advised that an
application for a court order to compel submission to a chemical test is
being made, the court shall place under oath the applicant and any other
person providing information in support of the application  as  provided
in subparagraph three of this paragraph. After being sworn the applicant
must state that the person from whom the chemical test was requested was
the  operator  of a motor vehicle and [in the course of such operation a
person, other than the operator, has been killed  or  seriously  injured
and],  based  upon  the  totality  of circumstances, there is reasonable

S. 6263                             3

cause to believe that such person  was  operating  a  motor  vehicle  in
violation  of  any  subdivision  of section eleven hundred ninety-two of
this article and, after being placed under  lawful  arrest  such  person
refused  to submit to a chemical test or any portion thereof, in accord-
ance with the provisions of this section or is unable to give consent to
such a test or any portion thereof. The  applicant  must  make  specific
allegations of fact to support such statement. Any other person properly
identified,  may  present  sworn  allegations  of fact in support of the
applicant's statement.
  S 4. This act shall take effect immediately.

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Senate Bill S6263

Sponsored By

Archive: Last Bill Status - Stricken

2013-S6263 (ACTIVE) - Details

2013-S6263 (ACTIVE) - Summary

2013-S6263 (ACTIVE) - Sponsor Memo

2013-S6263 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6263

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Sponsored By

Greg Ball

Archive: Last Bill Status - Stricken

2013-S6263 (ACTIVE) - Details

2013-S6263 (ACTIVE) - Summary

2013-S6263 (ACTIVE) - Sponsor Memo

2013-S6263 (ACTIVE) - Bill Text download pdf

Comments