Bill Text: NY S00377 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00377 Detail]

Download: New_York-2019-S00377-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           377
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        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  section 119-c and a new section 119-b is added to read as follows:
     3    § 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    §  2.  The  vehicle and traffic law is amended by adding a new section
     9  120-a to read as follows:
    10    § 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    § 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 suffered an allergic reaction  or
    20  medical  emergency rather than being impaired by the substance or combi-
    21  nation of substances.   Provided, however,  that  no  defense  shall  be
    22  available  if  any  such  consumed or ingested substance is contained in
    23  section thirty-three hundred six of the public health law.
    24    § 4. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03540-01-9
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