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Assembly Bill A6491A

2013-2014 Legislative Session

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A6491 - Details

See Senate Version of this Bill:
S7170
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: A10917, S4777
2011-2012: A848, S600
2015-2016: A9912, S3730
2017-2018: A6551, S4365
2019-2020: A7156, S377
2021-2022: S5565
2023-2024: S4277
2025-2026: S5875

2013-A6491 - Summary

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.

2013-A6491 - Bill Text download pdf 

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

                                  6491

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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
SHALL BE AVAILABLE  IF  ANY  SUCH  CONSUMED  OR  INGESTED  SUBSTANCE  IS
CONTAINED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

2013-A6491A (ACTIVE) - Details

See Senate Version of this Bill:
S7170
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: A10917, S4777
2011-2012: A848, S600
2015-2016: A9912, S3730
2017-2018: A6551, S4365
2019-2020: A7156, S377
2021-2022: S5565
2023-2024: S4277
2025-2026: S5875

2013-A6491A (ACTIVE) - Summary

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.

2013-A6491A (ACTIVE) - Bill Text download pdf 

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

                                 6491--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Transportation  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

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
MEDICAL  EMERGENCY RATHER THAN BEING IMPAIRED BY THE SUBSTANCE OR COMBI-
NATION OF SUBSTANCES.   PROVIDED, HOWEVER,  THAT  NO  DEFENSE  SHALL  BE
AVAILABLE  IF  ANY  SUCH  CONSUMED OR INGESTED SUBSTANCE IS CONTAINED IN
SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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