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.
S T A T E O F N E W Y O R K
________________________________________________________________________
2630
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. MAISEL, STEVENSON -- Multi-Sponsored by -- M. of
A. GALEF -- read once and referred 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 4 of part CC of chapter 58 of the laws of 2011, 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.
LBD06491-01-3
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