New York A 5271: Relates to rules and regulations of the state; requires recommendations on repealing unnecessary or otherwise burdensome rules and regulations
Status: HELD FOR CONSIDERATION IN GOVERNMENTAL OPERATIONS (as of 2020-07-16)
State: New York · Session: 2019-2020 · Bill: A 5271
Sponsors: DIPIETRO
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript A05271 Summary: BILL NOA05271   SAME ASNo Same As   SPONSORBrown K   COSPNSRGiglio   MLTSPNSRAngelino, Norber, Palmesano   Amd §1194, add §1195-a, V & T L; amd §49-a, Nav L   Implements oral fluid tests which tests a person's saliva for the presence of cannabis. Go to top A05271 Actions: BILL NOA05271   02/12/2025referred to transportation 05/28/2025held for consideration in transportation 01/07/2026referred to transportation Go to topA05271 Committee Votes: Committee:TRANSPORTATION Chair:Magnarelli DATE:05/28/2025AYE/NAY:16/7 Action: Held for Consideration MagnarelliAyeMillerNay LupardoAyeMcDonoughExcused SimonAyeDeStefanoNay WilliamsExcusedDursoNay McMahonAyeGiglioNay GallagherAyeSlaterNay MitaynesAyeBendettNay De Los SantosAyeChludzinskiNay CunninghamAye AlvarezAye ShresthaAye ShimskyAye EachusAye BurroughsAbsent WrightAye ValdezAye RomeroAye HooksAye Go to topA05271 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topA05271 Text: STATE OF NEW YORK ________________________________________________________________________ 5271 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law and the navigation law, in relation to implementing oral fluid tests The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1194 of the vehicle and traffic 2 law is amended by adding a new paragraph (c) to read as follows: 3 (c) Oral fluid test. (1) Definition. For the purposes of this article, 4 "oral fluid test" means a standardized preliminary saliva analysis test 5 validated by the National Highway Traffic Safety Administration for the 6 detection of cannabis. A field sobriety test is considered an oral fluid 7 test if it is administered in substantial compliance with the standards 8 prescribed by the National Highway Traffic Safety Administration. 9 (2) Oral fluid test. Every person operating a motor vehicle which has 10 been involved in an accident or which is operated in violation of any of 11 the provisions of this chapter shall, at the request of a police offi- 12 cer, submit to an oral fluid test to be administered by the police offi- 13 cer. If such test indicates the presence of cannabis in the person's 14 saliva, the police officer may request such operator to submit to a 15 chemical test in the manner set forth in subdivision two of this 16 section. 17 § 2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1194 18 of the vehicle and traffic law, as amended by chapter 196 of the laws of 19 1996, is amended to read as follows: 20 (2) within two hours after a breath test, as provided in paragraph (b) 21 of subdivision one of this section, and/or an oral fluid test, as 22 provided in paragraph (c) of subdivision one of this section, indicates 23 that alcohol and/or cannabis has been consumed by such person and in 24 accordance with the rules and regulations established by the police 25 force of which the officer is a member; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08782-01-5 A. 5271 2 1 § 3. Subparagraph 1 of paragraph (b) of subdivision 2 of section 1194 2 of the vehicle and traffic law, as amended by chapter 489 of the laws of 3 2017 and clause (A) as amended by chapter 27 of the laws of 2018, is 4 amended to read as follows: 5 (1) If: (A) such person having been placed under arrest; or (B) after 6 a breath test indicates the presence of alcohol in the person's system; 7 or (C) after an oral fluid test indicates the presence of cannabis in 8 the person's saliva; or (D) with regard to a person under the age of 9 twenty-one, there are reasonable grounds to believe that such person has 10 been operating a motor vehicle after having consumed alcohol in 11 violation of section eleven hundred ninety-two-a of this article; and 12 having thereafter been requested to submit to such chemical test and 13 having been informed that the person's license or permit to drive and 14 any non-reside
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