senate Bill S747

Expands the definition of "drug", for the purposes of the vehicle and traffic law, to include inhalants and certain glues

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Expands the definition of "drug", for the purposes of the vehicle and traffic law, to include inhalants and glues containing a solvent which releases toxic vapors and fumes; provides that the expansion of such definition expands the substances upon which a charge of the misdemeanor of driving while impaired by drugs may be based.

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Bill Details

See Assembly Version of this Bill:
A3397
Versions:
S747
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§114-a, 509-a & 510-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4673, A5386
2007-2008: A9867

Sponsor Memo

BILL NUMBER:S747

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
"drug"

PURPOSE:
This bill would expand the definition of drug to include glue sniffing,
or aerosol inhalation within the grounds for drug-impaired driving.

SUMMARY OF PROVISIONS:
Sections 114-a and 509-a of the Vehicle and Traffic Law are amended to
expand the definition of the term "drug" to include any hazardous
inhalants and glue containing a solvent having the property of releasing
toxic vapors and fumes, as defined in § 3380 of the Public Health
Law.

EXISTING LAW:
Current law defines the term drug as used in this section as any
substance listed in § 3306 of the Public Health Law, which provides for
five schedules of controlled substances.

JUSTIFICATION:
Amendment of the present definition of "drug" within the meaning of the
offense of driving while ability impaired by drugs is intended to
broaden the scope of the offense to include the use of inhalants, which
can impair a person's ability to safely operate a motor vehicle. Current
law only proscribes driving while ability impaired by drugs enumerated
in drug schedules contained in Public Health Law § 3306, including
illegal and prescription drugs. This restricted definition is
problematic because driving under the influence of other impairing
substances would not violate the drugged driving law provisions even
though ability to safely operate a motor vehicle is impeded thereby.
Glue sniffing, aerosol inhalation, or the inhalation of any toxic vapor
should be included as grounds for drug-impaired driving. The Uniform
Vehicle Code of the National Committee on Uniform Traffic Law Ordinances
includes such a definition of "drug" in its model laws.

LEGISLATIVE HISTORY:
2009-2010: S.4673/A.5286 Referred to Transportation
2007-2008: S.391/A.9867 Passed Senate
2006: S.6235 Passed Senate
2003-2004: S.2859/A.774 Passed Senate
2001-2002: S.2513/A.6645 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect thirty days after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   747

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG, DeFRANCISCO, RANZENHOFER -- 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-
  nition of "drug"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 114-a of the vehicle and traffic law, as added by
chapter 163 of the laws of 1973, is amended to read as follows:
  S 114-a. Drug. The term "drug" when used in this  chapter,  means  and
includes any substance listed in section thirty-three hundred six of the
public  health  law,  AND  ANY HAZARDOUS INHALANTS AND GLUE CONTAINING A
SOLVENT HAVING THE PROPERTY OF RELEASING  TOXIC  VAPORS  AND  FUMES,  AS
DEFINED IN SECTION THIRTY-THREE HUNDRED EIGHTY OF SUCH LAW.
  S 2. Subdivision 5 of section 509-a of the vehicle and traffic law, as
added by chapter 675 of the laws of 1985, is amended to read as follows:
  (5)  drug  shall  mean  any  substance  listed in section thirty-three
hundred six of the public health law not dispensed or consumed  pursuant
to  a lawful prescription, AND ANY HAZARDOUS INHALANTS AND GLUE CONTAIN-
ING A SOLVENT HAVING THE PROPERTY OF RELEASING TOXIC VAPORS  AND  FUMES,
AS DEFINED IN SECTION THIRTY-THREE HUNDRED EIGHTY OF SUCH LAW;
  S 3. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  13 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  1. Revocation. A commercial driver's license shall be revoked  by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny  involving  manufacturing,  distributing  or  dispensing  a  drug [as
defined in], WHICH, NOTWITHSTANDING section one  hundred  fourteen-a  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02624-01-1

S. 747                              2

this  chapter,  SHALL  MEAN  AND INCLUDE ANY SUBSTANCE LISTED IN SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, or possession of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle; (e) or has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular manslaughter or criminally negligent homicide.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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