Directs the commissioner of health 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: A189
SPONSOR: Sayegh TITLE OF BILL:
An act directing the commissioner of health 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 health to study the effectiveness and accu-
racy of devices used to estimate blood alcohol content by law enforce-
ment agencies.
SUMMARY OF PROVISIONS:
Section 1 authorizes and directs the commissioner of health to study the
effectiveness and accuracy of devices used to estimate blood alcohol
content by law enforcement agencies.
Section 2 requires that the commissioner of health 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 Health 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 addi-
tion, this the findings of this study would help assure New Yorkers that
justice is being carried out impartially.
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
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
AN ACT directing the commissioner of health 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 health is authorized and directed to
2 study the effectiveness and accuracy of devices used to estimate blood
3 alcohol content by law enforcement agencies. Such study shall include,
4 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 the commissioner may deem
11 necessary or relevant in carrying out this study.
12 § 2. The commissioner of health shall make a report to the governor
13 and the legislature of his or her findings, conclusions and recommenda-
14 tions no later than one year after the effective date of this act and
15 shall submit with this report such legislative proposals as it deems
16 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.
LBD01663-01-3
