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A3126Assembly2019-2020 Session

Court Order Needed for BAC Test

Official title

“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”

Sponsor J. Gary PretlowAD-89Affects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill clarifies procedures for obtaining court orders for compulsory chemical tests in DWI cases and exempts officers in exigent circumstances.

Why it matters

  1. Creates a clearer and more standardized legal process. for police officers and district attorneys to follow when seeking court orders for compulsory chemical (blood alcohol or drug) tests in DWI cases, which could help prevent procedural errors that might otherwise result in evidence being excluded.

  2. Explicitly allows for exceptions in emergencies. if medical needs or other urgent circumstances make it impractical to request a court order, officers are not required to do so, which supports timely medical care and addresses situations where waiting for a court order could put lives at risk.

  3. Shifts decision-making authority to the on-scene officer or district attorney. by allowing them to determine, based on their reasonable cause and immediate assessment, whether to pursue a court order or act under the exigent circumstances exception, potentially expediting investigations in critical cases.

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Who cares

  • Police officers

    Officers would have to request a court order after a chemical-test refusal when they find the required reasonable cause, unless doing so would impair their ability to address medical needs or other exigent circumstances at the scene.

  • District attorneys

    Prosecutors would have to request an order compelling a chemical test when a person refuses testing and they find the required reasonable cause.

  • Drivers who refuse chemical testing

    They would face a mandatory application for a court order to compel testing for alcohol or drugs in their blood when the bill’s conditions are met.

Headline styles

Court Order Needed for BAC Test

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3126

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

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

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

The People of the State of New York, represented in Senate and Assembly, 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 thirty-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:

§ 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 circumstances at the scene of an incident.

§ 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.

LBD04648-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.