Bill Text: NY S06092 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to driving a motor vehicle while under the influence of drugs, impairing substances or combined use of drugs and alcohol; defines the term "inhalant".

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S06092 Detail]

Download: New_York-2019-S06092-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6092--A
            Cal. No. 1174

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sens. KAMINSKY, AMEDORE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          committee discharged and said bill committed to the Committee on Rules
          --  ordered to a third reading, amended and ordered reprinted, retain-
          ing its place in the order of third reading

        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, impairing substances 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.    Any  substance set forth in subdivision one of
     4  section thirty-three hundred eighty of the public health law.
     5    § 2. Subdivisions 4 and 4-a of section 1192 of the vehicle and traffic
     6  law, subdivision 4 as added by chapter 47 of the laws of 1988 and subdi-
     7  vision 4-a as added by chapter 732 of the laws of 2006, are  amended  to
     8  read as follows:
     9    4. Driving while ability impaired by drugs or impairing substances. No
    10  person shall operate a motor vehicle while the person's ability to oper-
    11  ate  such a motor vehicle is impaired by the use of a drug as defined in
    12  this chapter, or by marihuana or tetrahydrocannabinol, or by the  volun-
    13  tary  ingestion of any other chemical, inhalant, pharmaceutical or other
    14  impairing substance or combination of substances,  drugs,  marihuana  or
    15  tetrahydrocannabinol.
    16    4-a.  Driving  while  ability  impaired  by  the combined influence of
    17  [drugs or of] alcohol and any drug [or], drugs or impairing  substances.
    18  No  person  shall  operate a motor vehicle while the person's ability to
    19  operate such motor vehicle is impaired  by  the  combined  influence  of
    20  [drugs  or  of alcohol and any drug or drugs] alcohol and a drug, drugs,
    21  as defined in this chapter, marihuana  or  tetrahydrocannabinol,  or  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11547-03-9
        S. 6092--A                          2

     1  combination  with  the  voluntary ingestion of any other chemical, inha-
     2  lant, pharmaceutical or other  impairing  substance  or  combination  of
     3  substances.
     4    §  3.  Paragraph  (b)  of  subdivision 1 of section 3380 of the public
     5  health law, as amended by chapter 234 of the laws of 1985, is amended to
     6  read as follows:
     7    (b) As used in this section hazardous inhalants shall mean and include
     8  halogenated  hyrdocarbons  including  difluoroenthlene,  or  any  gases,
     9  including  nitrous  oxide  and  any  of  the  preparations  of compounds
    10  containing one or more of the chemical compounds[;]: amyl nitrite, isoa-
    11  myl nitrite, butyl nitrite, isobutyl  nitrite,  pentyl  nitrite  or  any
    12  other  [akyl] alkyl nitrite compound that is either designed to be used,
    13  or commonly used, as an inhalant.
    14    § 4. Section 1192 of the vehicle and traffic law is amended by  adding
    15  a new subdivision 13 to read as follows:
    16    13.  It shall be an affirmative defense to a charge under subdivisions
    17  four and four-a of this section that the  operator  suffered  a  medical
    18  emergency  rather than being impaired by the substance or combination of
    19  substances, provided, however, that no defense shall be available if any
    20  such ingested substance is contained in section thirty-three hundred six
    21  or section thirty-three hundred eighty of the public health law.
    22    § 5. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law; provided, however, that this act  shall  not
    24  apply to any offense committed before such date.