NY State Senate Bill 2009-S4673

Senate Bill S4673

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Apr 27, 2009	referred to transportation

2009-S4673 (ACTIVE) - Details

See Assembly Version of this Bill:: A5386
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 Other Legislative Sessions:: 2011-2012: S747, A3397
2013-2014: S2212, A2630

2009-S4673 (ACTIVE) - 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.

2009-S4673 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4673

 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 Section 3380 of the
Public Health Law.

 EXISTING LAW :
Current law defines the term drug as used in this section as any
substance listed in S3306 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 S3306,
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 :
2008; S391           - Passed Senate
2006:  S.6235        - Passed Senate
2004:  S.2859/A.774  - Passed Senate
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.

2009-S4673 (ACTIVE) - Bill Text download pdf

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

                                  4673

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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
this chapter, SHALL MEAN AND INCLUDE ANY  SUBSTANCE  LISTED  IN  SECTION
THIRTY-THREE  HUNDRED SIX OF THE PUBLIC HEALTH LAW, or possession of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07178-01-9

S. 4673                             2

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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