Bill Text: NY A00848 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 848 (Prior Session Legislation)

Amended

Bill Title: Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A00848 Detail]

Download: New_York-2011-A00848-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        848--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A. WEISENBERG, COLTON, SPANO, MAISEL, STEVENSON,
         SCHIMEL, ZEBROWSKI, LAVINE, COOK -- Multi-Sponsored by  --  M.  of  A.
         GALEF,  GIBSON,  P. RIVERA,  SWEENEY  -- read once and referred to the
         Committee on Transportation --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
         nitions of the terms "impaired" and "intoxication" for the purposes of
         such law
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 119-b of the vehicle and traffic law is renumbered
    2  119-c and a new section 119-b is added to read as follows:
    3    S 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
    4  CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION  OF  SUBSTANCES  TO  THE
    5  EXTENT  THAT  THE  DRIVER  HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND
    6  MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER-
    7  ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
    8    S 2. The vehicle and traffic law is amended by adding  a  new  section
    9  120-a to read as follows:
   10    S  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
   11  WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED  OR  INGESTED  A
   12  SUBSTANCE  OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS
   13  INCAPABLE OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A  DRIVER
   14  IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND
   15  PRUDENT DRIVER.
   16    S  3. Section 1192 of the vehicle and traffic law is amended by adding
   17  a new subdivision 13 to read as follows:
   18    13. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER ANY  SUBDIVI-
   19  SION  OF  THIS  SECTION THAT THE OPERATOR NEITHER KNEW NOR HAD REASON TO
   20  KNOW OF  THE  IMPAIRING  NATURE  OF  THE  SUBSTANCE  OR  COMBINATION  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00099-07-1
       A. 848--A                           2
    1  SUBSTANCES  CONSUMED  OR  INGESTED.  PROVIDED,  HOWEVER, THAT NO DEFENSE
    2  SHALL BE AVAILABLE  IF  ANY  SUCH  CONSUMED  OR  INGESTED  SUBSTANCE  IS
    3  CONTAINED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
    4    S 4. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.