STATE OF NEW YORK ________________________________________________________________________ 2530 2025-2026 Regular Sessions IN SENATE January 21, 2025 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the vehicle and traffic law, in relation to prohibiting the operation of a bicycle while under the influence of alcohol or drugs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1242-a of the vehicle and traffic law, as added by 2 section 9 of part XX of chapter 58 of the laws of 2020, is amended to 3 read as follows: 4 § 1242-a. Operation of a bicycle or bicycle with electric assist while 5 under the influence of alcohol or drugs. 1. Offenses; criminal penal- 6 ties. (a) Operating a bicycle or bicycle with electric assist while 7 ability impaired. No person shall operate a bicycle or bicycle with 8 electric assist while the person's ability to operate such bicycle or 9 bicycle with electric assist is impaired by the consumption of alcohol. 10 (i) A violation of this paragraph shall be a traffic infraction and 11 shall be punishable by a fine of not more than three hundred dollars, or 12 by imprisonment in a penitentiary or county jail for not more than 13 fifteen days, or by both such fine and imprisonment. 14 (ii) A person who operates a bicycle or bicycle with electric assist 15 in violation of this paragraph after having been convicted of a 16 violation of any paragraph of this subdivision within the preceding five 17 years shall be punished by a fine of not more than seven hundred fifty 18 dollars, or by imprisonment of not more than thirty days in a penitenti- 19 ary or county jail or by both such fine and imprisonment. 20 (iii) A person who operates a bicycle or bicycle with electric assist 21 in violation of this paragraph after being convicted two or more times 22 of a violation of any paragraph of this subdivision within the preceding 23 ten years shall be guilty of a misdemeanor, and shall be punished by a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01938-01-5
S. 2530 2 1 fine of not more than one thousand dollars, or by imprisonment of not 2 more than one hundred eighty days in a penitentiary or county jail or by 3 both such fine and imprisonment. 4 (b) Operating a bicycle or bicycle with electric assist while intoxi- 5 cated; per se. No person shall operate a bicycle or bicycle with elec- 6 tric assist while such person has .08 of one per centum or more by 7 weight of alcohol in the person's blood as shown by chemical analysis of 8 such person's blood, breath, urine or saliva, made pursuant to the 9 provisions of subdivision five of this section. 10 (c) Operating a bicycle or bicycle with electric assist while intoxi- 11 cated. No person shall operate a bicycle or bicycle with electric assist 12 while in an intoxicated condition. 13 (d) Operating a bicycle or bicycle with electric assist while ability 14 impaired by drugs. No person shall operate a bicycle or bicycle with 15 electric assist while the person's ability to operate such bicycle or 16 bicycle with electric assist is impaired by the use of a drug as defined 17 in this chapter. 18 (e) Operating a bicycle or bicycle with electric assist while ability 19 impaired by the combined influence of drugs or of alcohol and any drug 20 or drugs. No person shall operate a bicycle or bicycle with electric 21 assist while the person's ability to operate such bicycle or bicycle 22 with electric assist is impaired by the combined influence of drugs or 23 of alcohol and any drug or drugs. 24 (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this 25 subdivision shall be a misdemeanor and shall be punishable by a fine of 26 not more than five hundred dollars, or by imprisonment in a penitentiary 27 or county jail for not more than one year, or by both such fine and 28 imprisonment. 29 (ii) A person who operates a bicycle or bicycle with electric assist 30 in violation of paragraph (b), (c), (d) or (e) of this subdivision after 31 having been convicted of a violation of paragraph (b), (c), (d) or (e) 32 of this subdivision within the preceding ten years shall be guilty of a 33 class E felony, and shall be punished by a fine of not more than one 34 thousand dollars or by a period of imprisonment as provided in the penal 35 law, or by both such fine and imprisonment. 36 (iii) A person who operates a bicycle or bicycle with electric assist 37 in violation of paragraph (b), (c), (d) or (e) of this subdivision after 38 having been convicted of a violation of paragraph (b), (c), (d) or (e) 39 of this subdivision two or more times within the preceding ten years 40 shall be guilty of a class E felony, and shall be punished by a fine of 41 not more than four thousand dollars or by a period of imprisonment as 42 provided in the penal law, or by both such fine and imprisonment. 43 2. Certain sentences prohibited. Notwithstanding any provisions of the 44 penal law, no judge or magistrate shall impose a sentence of uncondi- 45 tional discharge for a violation of paragraph (b), (c), (d) or (e) of 46 subdivision one of this section. 47 3. Sentencing; previous convictions. When sentencing a person for a 48 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 49 section pursuant to subparagraph (ii) of paragraph (f) of subdivision 50 one of this section, the court shall consider any prior convictions the 51 person may have for a violation of subdivision two, two-a, three, four, 52 or four-a of section eleven hundred ninety-two of this title within the 53 preceding ten years. When sentencing a person for a violation of para- 54 graph (b), (c), (d) or (e) of subdivision one of this section pursuant 55 to subparagraph (iii) of paragraph (f) of subdivision one of this 56 section, the court shall consider any prior convictions the person may
S. 2530 3 1 have for a violation of subdivision two, two-a, three, four, or four-a 2 of section eleven hundred ninety-two of this title within the preceding 3 ten years. When sentencing a person for a violation of subparagraph (ii) 4 of paragraph (a) of subdivision one of this section, the court shall 5 consider any prior convictions the person may have for a violation of 6 any subdivision of section eleven hundred ninety-two of this title with- 7 in the preceding five years. When sentencing a person for a violation of 8 subparagraph (iii) of paragraph (a) of subdivision one of this section, 9 the court shall consider any prior convictions the person may have for a 10 violation of any subdivision of section eleven hundred ninety-two of 11 this title within the preceding ten years. 12 4. Arrest and field testing. (a) Arrest. Notwithstanding the 13 provisions of section 140.10 of the criminal procedure law, a police 14 officer may, without a warrant, arrest a person, in case of a violation 15 of any paragraph of subdivision one of this section, if such violation 16 is coupled with an accident or collision in which such person is 17 involved, which in fact had been committed, though not in the police 18 officer's presence, when the officer has reasonable cause to believe 19 that the violation was committed by such person. For the purposes of 20 this subdivision, police officer shall also include a peace officer 21 authorized to enforce this chapter when the alleged violation consti- 22 tutes a crime. 23 (b) Field testing. Every person operating a bicycle or bicycle with 24 electric assist which has been involved in an accident shall, at the 25 request of a police officer, submit to a breath test to be administered 26 by the police officer. If such test indicates that such operator has 27 consumed alcohol, the police officer may request such operator to submit 28 to a chemical test in the manner set forth in subdivision five of this 29 section. 30 5. Chemical tests; when authorized. A police officer may request any 31 person who operates a bicycle or bicycle with electric assist in this 32 state to consent to a chemical test of one or more of the following: 33 breath, blood, urine, or saliva, for the purpose of determining the 34 alcoholic and/or drug content of such person's blood, provided that such 35 test is administered at the direction of a police officer with respect 36 to a chemical test of breath, urine or saliva or, with respect to a 37 chemical test of blood, at the direction of a police officer: (a) having 38 reasonable grounds to believe such person to have been operating in 39 violation of paragraph (a), (b), (c), (d) or (e) of subdivision one of 40 this section and within two hours after such person has been placed 41 under arrest for any such violation; or (b) within two hours after a 42 breath test, as provided in paragraph (b) of subdivision four of this 43 section, indicates that alcohol has been consumed by such person and in 44 accordance with the rules and regulations established by the police 45 force of which the officer is a member. 46 6. Testing procedures. (a) Persons authorized to withdraw blood; immu- 47 nity; testimony. (i) At the request of a police officer, the following 48 persons may withdraw blood for the purpose of determining the alcoholic 49 or drug content therein: (A) a physician, a registered professional 50 nurse, a registered physician assistant, a certified nurse practitioner, 51 or an advanced emergency medical technician as certified by the depart- 52 ment of health; or (B) under the supervision and at the direction of a 53 physician, registered physician assistant or certified nurse practition- 54 er acting within [his or her] their lawful scope of practice, or upon 55 the express consent of the person eighteen years of age or older from 56 whom such blood is to be withdrawn: a clinical laboratory technician or
S. 2530 4 1 clinical laboratory technologist licensed pursuant to article one 2 hundred sixty-five of the education law; a phlebotomist; or a medical 3 laboratory technician or medical technologist employed by a clinical 4 laboratory approved under title five of article five of the public 5 health law. This limitation shall not apply to the taking of a urine, 6 saliva or breath specimen. 7 (ii) No person entitled to withdraw blood pursuant to subparagraph (i) 8 of this paragraph or hospital employing such person, and no other 9 employer of such person shall be sued or held liable for any act done or 10 omitted in the course of withdrawing blood at the request of a police 11 officer pursuant to this section. 12 (iii) Any person who may have a cause of action arising from the with- 13 drawal of blood as aforesaid, for which no personal liability exists 14 under subparagraph (ii) of this paragraph, may maintain such action 15 against the state if any person entitled to withdraw blood pursuant to 16 this paragraph acted at the request of a police officer employed by the 17 state, or against the appropriate political subdivision of the state if 18 such person acted at the request of a police officer employed by a poli- 19 tical subdivision of the state. No action shall be maintained pursuant 20 to this subparagraph unless notice of claim is duly filed or served in 21 compliance with law. 22 (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of this para- 23 graph, an action may be maintained by the state or a political subdivi- 24 sion thereof against a person entitled to withdraw blood pursuant to 25 subparagraph (i) of this paragraph or hospital employing such person for 26 whose act or omission the state or the political subdivision has been 27 held liable under this paragraph to recover damages, not exceeding the 28 amount awarded to the claimant, that may have been sustained by the 29 state or the political subdivision by reason of gross negligence or bad 30 faith on the part of such person. 31 (v) The testimony of any person other than a physician, entitled to 32 withdraw blood pursuant to subparagraph (i) of this paragraph, in 33 respect to any such withdrawal of blood made by such person may be 34 received in evidence with the same weight, force and effect as if such 35 withdrawal of blood were made by a physician. 36 (vi) The provisions of subparagraphs (ii), (iii) and (iv) of this 37 paragraph shall also apply with regard to any person employed by a 38 hospital as security personnel for any act done or omitted in the course 39 of withdrawing blood at the request of a police officer pursuant to this 40 section. 41 (b) Right to additional test. The person tested shall be permitted to 42 choose a physician to administer a chemical test in addition to the one 43 administered at the direction of the police officer. 44 (c) Rules and regulations. The department of health shall issue and 45 file rules and regulations approving satisfactory techniques or methods 46 of conducting chemical analyses of a person's blood, urine, breath or 47 saliva and to ascertain the qualifications and competence of individuals 48 to conduct and supervise chemical analyses of a person's blood, urine, 49 breath or saliva. If the analyses were made by an individual possessing 50 a permit issued by the department of health, this shall be presumptive 51 evidence that the examination was properly given. The provisions of this 52 paragraph do not prohibit the introduction as evidence of an analysis 53 made by an individual other than a person possessing a permit issued by 54 the department of health. 55 7. Chemical test evidence. (a) Admissibility. Upon the trial of any 56 such action or proceeding arising out of actions alleged to have been
S. 2530 5 1 committed by any person arrested for a violation of any paragraph of 2 subdivision one of this section, the court shall admit evidence of the 3 amount of alcohol or drugs in the defendant's blood as shown by a test 4 administered pursuant to the provisions of subdivision five of this 5 section. 6 (b) Probative value. The following effect shall be given to evidence 7 of blood-alcohol content, as determined by such tests, of a person 8 arrested for a violation of subdivision one of this section: 9 (i) evidence that there was .05 of one per centum or less by weight of 10 alcohol in such person's blood shall be prima facie evidence that the 11 ability of such person to operate a bicycle or bicycle with electric 12 assist was not impaired by the consumption of alcohol, and that such 13 person was not in an intoxicated condition; 14 (ii) evidence that there was more than .05 of one per centum but less 15 than .07 of one per centum by weight of alcohol in such person's blood 16 shall be prima facie evidence that such person was not in an intoxicated 17 condition, but such evidence shall be relevant evidence, but shall not 18 be given prima facie effect, in determining whether the ability of such 19 person to operate a bicycle or bicycle with electric assist was impaired 20 by the consumption of alcohol; and 21 (iii) evidence that there was .07 of one per centum or more but less 22 than .08 of one per centum by weight of alcohol in such person's blood 23 shall be prima facie evidence that such person was not in an intoxicated 24 condition, but such evidence shall be given prima facie effect in deter- 25 mining whether the ability of such person to operate bicycle or bicycle 26 with electric assist was impaired by the consumption of alcohol. 27 8. Where applicable. The provisions of this section shall apply upon 28 public highways, private roads open to motor vehicle traffic, any other 29 parking lot, and sidewalks. For the purposes of this section "parking 30 lot" shall mean any area or areas of private property, including a 31 driveway, near or contiguous to and provided in connection with premises 32 and used as a means of access to and egress from a public highway to 33 such premises and having a capacity for the parking of four or more 34 motor vehicles. The provisions of this section shall not apply to any 35 area or areas of private property comprising all or part of property on 36 which is situated a one or two-family residence. 37 9. Enforcement upon crash. Notwithstanding any provision of this 38 section, no part of this section may be enforced unless in conjunction 39 with a crash involving an operator of a bicycle or bicycle with electric 40 assist. For the purposes of this subdivision, "crash" shall mean 41 colliding with a vehicle, person, building or other object. 42 § 2. This act shall take effect immediately.