Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 24, 2013 |
referred to transportation |
Apr 23, 2013 |
delivered to assembly passed senate |
Apr 15, 2013 |
amended on third reading 754a |
Mar 21, 2013 |
advanced to third reading |
Mar 20, 2013 |
2nd report cal. |
Mar 19, 2013 |
1st report cal.244 |
Jan 09, 2013 |
referred to transportation |
Senate Bill S754A
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D) 15th Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C) Senate District
2013-S754 - Details
- See Assembly Version of this Bill:
- A6491
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Ren §119-b to be §119-c, add §§119-b & 120-a, amd §1192, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4777, A10917
2011-2012: S600, A848
2015-2016: S3730, A9912
2017-2018: S4365, A6551
2019-2020: S377, A7156
2021-2022: S5565
2023-2024: S4277
2013-S754 - Sponsor Memo
BILL NUMBER:S754 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the purposes of such law PURPOSE: To codify accepted legal definitions and include alteration of physical or mental abilities by known or unknown substances. SUMMARY OF PROVISIONS: Section 119-b defines impaired in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 NY.2nd 419, (1979). Section 120-a defines intoxication in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 N.Y.2nd 419, (1979) and expands such definition to encompass situations described in the New York State Court of Appeals ruling in People v. Litto, 8 N.Y.3rd 692, (2007). Adds a new subdivision 13 to section 1192 of the VTL providing an affirmative defense for persons impaired by a substance a person would not reasonably know to be an intoxicant.
2013-S754 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 754 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FUSCHILLO, FLANAGAN, LARKIN, 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- 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: Section 1. Section 119-b of the vehicle and traffic law is renumbered 119-c and a new section 119-b is added to read as follows: S 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER- ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER. S 2. The vehicle and traffic law is amended by adding a new section 120-a to read as follows: S 120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS INCAPABLE OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER. S 3. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 13 to read as follows: 13. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER ANY SUBDIVI- SION OF THIS SECTION THAT THE OPERATOR NEITHER KNEW NOR HAD REASON TO KNOW OF THE IMPAIRING NATURE OF THE SUBSTANCE OR COMBINATION OF SUBSTANCES CONSUMED OR INGESTED. PROVIDED, HOWEVER, THAT NO DEFENSE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01326-01-3
co-Sponsors
(D) 15th Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C) Senate District
2013-S754A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6491
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Ren §119-b to be §119-c, add §§119-b & 120-a, amd §1192, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4777, A10917
2011-2012: S600, A848
2015-2016: S3730, A9912
2017-2018: S4365, A6551
2019-2020: S377, A7156
2021-2022: S5565
2023-2024: S4277
2013-S754A (ACTIVE) - Sponsor Memo
BILL NUMBER:S754A TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the purposes of such law PURPOSE: To codify accepted legal definitions and include alteration of physical or mental abilities by known or unknown substances. SUMMARY OF PROVISIONS: Section 119-b defines impaired in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 NY.2nd 419, (1979). Section 120-a defines intoxication in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 N.Y.2nd 419, (1979) and expands such definition to encompass situations described in the New York State Court of Appeals ruling in People v. Litto, 8 N.Y.3rd 692, (2007). Adds a new subdivision 13 to section 1192 of the VTL providing an affirmative defense for an operator who suffered and allergic reaction or medical emergency rather than being impaired by the substance or
2013-S754A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 754--A Cal. No. 244 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FUSCHILLO, ADDABBO, AVELLA, FLANAGAN, LARKIN, NOZZO- LIO, RANZENHOFER, SAVINO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. Section 119-b of the vehicle and traffic law is renumbered section 119-c and a new section 119-b is added to read as follows: S 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER- ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER. S 2. The vehicle and traffic law is amended by adding a new section 120-a to read as follows: S 120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS INCAPABLE OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER. S 3. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 13 to read as follows: 13. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER ANY SUBDIVI- SION OF THIS SECTION THAT THE OPERATOR SUFFERED AN ALLERGIC REACTION OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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