Directs the commissioner of the division of criminal justice services to study the effectiveness and accuracy of devices used to estimate blood alcohol content by law enforcement agencies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A189B
SPONSOR: Sayegh TITLE OF BILL:
An act directing the commissioner of the division of criminal justice
services to study the effectiveness and accuracy of devices used to
estimate blood alcohol content by law enforcement agencies
PURPOSE OR GENERAL IDEA OF BILL:
Directs the commissioner of the division of criminal justice services to
study the effectiveness and accuracy of devices used to estimate blood
alcohol content by law enforcement agencies.
SUMMARY OF PROVISIONS:
Section 1 authorizes and directs the commissioner of the division of
criminal justice services to study the effectiveness and accuracy of
devices used to estimate blood alcohol content by law enforcement agen-
cies.
Section 2 requires that the commissioner of the division of criminal
justice services make a report to the governor and the legislature of
his or her findings, conclusions, and recommendations no later than one
year after the effective date of this act and shall submit with this
report such legislative proposals as it deems necessary to implement its
recommendations.
Section 3 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A
JUSTIFICATION:
According to research conducted by the New York Times, many of the
devices utilized by law enforcement agencies across the United States to
measure blood alcohol content are not always scientifically accurate.
Some of these devices can create a reading indicating that a person is
intoxicated from hair trigger sensitivities such as, but not limited to
having used hand sanitizer before an examination. While field tests are
not court admissible, the devices used in police stations are and they
also have been found to be inaccurate. This legislation would require
the Commissioner of the Division of Criminal Justice Services to conduct
a study examining the validity and reliability of these important tools
used to secure convictions in cases where a suspect is found to be under
the influence of alcohol. In addition, this the findings of this study
would help assure New Yorkers that justice is being carried out impar-
tially.
PRIOR LEGISLATIVE HISTORY:
2019-20: A8762-Passed Assembly
2021-22: A2613-Referred to Ways and Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
189--B
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Health -- recommitted to the Committee on Ways and Means in accord-
ance with Assembly Rule 3, sec. 2 -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT directing the commissioner of the division of criminal justice
services to study the effectiveness and accuracy of devices used to
estimate blood alcohol content by law enforcement agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The commissioner of the division of criminal justice
2 services is authorized and directed to study the effectiveness and accu-
3 racy of devices used to estimate blood alcohol content by law enforce-
4 ment agencies. Such study shall include, but not be limited to:
5 (a) which devices are used by law enforcement agencies;
6 (b) the accuracy of devices used by law enforcement agencies;
7 (c) the margin of error for devices which are used by law enforcement
8 agencies;
9 (d) the likelihood of an inaccurate reading; and
10 (e) any other related information that such commissioner may deem
11 necessary or relevant in carrying out this study.
12 § 2. The commissioner of the division of criminal justice services
13 shall make a report to the governor and the legislature of their find-
14 ings, conclusions and recommendations no later than one year after the
15 effective date of this act and shall submit with this report such legis-
16 lative proposals as it deems necessary to implement its recommendations.
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01663-04-4
