Bill Text: NY S01094 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to driving a motor vehicle while under the influence of drugs or combined use of drugs and alcohol.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-10 - REFERRED TO TRANSPORTATION [S01094 Detail]

Download: New_York-2019-S01094-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1094
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 10, 2019
                                       ___________
        Introduced  by  Sen. AMEDORE -- 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 and the public  health  law,
          in relation to driving a motor vehicle under the influence of drugs or
          combined use of drugs and alcohol
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 119-c to read as follows:
     3    § 119-c. Inhalant. The term "inhalant" when used in this chapter shall
     4  refer to the smelling or inhaling of any substance set forth in subdivi-
     5  sion one of section thirty-three hundred eighty of the public health law
     6  or  the prohibited use of nitrous oxide as set forth in subdivision five
     7  of such section, except for the inhalation of  any  such  substance  for
     8  medical or dental purposes.
     9    § 2. Subdivisions 4 and 4-a of section 1192 of the vehicle and traffic
    10  law, subdivision 4 as added by chapter 47 of the laws of 1988 and subdi-
    11  vision  4-a  as added by chapter 732 of the laws of 2006, are amended to
    12  read as follows:
    13    4. Driving while ability impaired by drugs. No person shall operate  a
    14  motor vehicle while the person's ability to operate such a motor vehicle
    15  is impaired by the use of a drug or inhalant as defined in this chapter,
    16  or  impaired by the voluntary ingestion of any other chemical, inhalant,
    17  pharmaceutical or other impairing substance or combination of substances
    18  to the extent the driver is incapable  of  employing  the  physical  and
    19  mental  abilities  which  he  or  she is expected to possess in order to
    20  operate a vehicle in a reasonable and prudent manner.
    21    4-a. Driving while ability impaired by the combined influence of drugs
    22  or of alcohol and any drug or drugs. No person  shall  operate  a  motor
    23  vehicle  while  the  person's  ability  to operate such motor vehicle is
    24  impaired by the combined influence of drugs and/or inhalants or of alco-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01218-01-9

        S. 1094                             2
     1  hol and any drug or drugs and/or inhalants or by the combined  influence
     2  of  alcohol  or  any  drug  or drugs and/or inhalants with any chemical,
     3  pharmaceutical, inhalant or other impairing substance or combination  of
     4  substances  to the extent the driver is incapable of employing the phys-
     5  ical and mental abilities which he or she  is  expected  to  possess  in
     6  order to operate a vehicle in a reasonable and prudent manner.
     7    §  3.  Paragraph  (b)  of  subdivision 1 of section 3380 of the public
     8  health law, as amended by chapter 234 of the laws of 1985, is amended to
     9  read as follows:
    10    (b) As used in this section hazardous inhalants shall mean and include
    11  the hydrocarbon difluoroethane and any of the preparations of  compounds
    12  containing one or more of the chemical compounds[;]: amyl nitrite, isoa-
    13  myl  nitrite,  butyl  nitrite,  isobutyl  nitrite, pentyl nitrite or any
    14  other [akyl] alkyl nitrite compound that is either designed to be  used,
    15  or commonly used, as an inhalant.
    16    §  4. 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  subdivisions
    19  four  and  four-a of this section that the operator suffered an allergic
    20  reaction  or  medical  emergency  rather  than  being  impaired  by  the
    21  substance  or  combination  of  substances,  provided,  however, that no
    22  defense shall be available if any such ingested substance  is  contained
    23  in  section  three  thousand three hundred six or section three thousand
    24  three hundred eighty of the public health law.
    25    § 5. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
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