A02529 Summary:
| BILL NO | A02529 |
| SAME AS | SAME AS S03630 |
| SPONSOR | Sayegh |
| COSPNSR | |
| MLTSPNSR | |
| 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. | |
A02529 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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 2023-24: A189B-Passed Assembly FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect immediately.