senate Bill S1512

2013-2014 Legislative Session

Provides for increasing the parameters of driving while ability impaired to include driving while ability is affected to any extent by the utilization of a drug

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S1512 - Bill Details

See Assembly Version of this Bill:
A3812
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S949
2009-2010: S605

S1512 - Bill Texts

view summary

Expands the definition of driving while ability impaired to include driving while ability is affected to any extent by the voluntary consumption or utilization of a drug.

view sponsor memo
BILL NUMBER:S1512

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to increasing the parameters of driving while ability impaired to
include driving while ability affected by drugs

PURPOSE: This bill increases the parameters of driving while ability
impaired to include driving while ability is affected to any extent by
the utilization of a drug.

SUMMARY OF PROVISIONS: Section 1 amends Subdivision 1 of. section 1192
of the vehicle and traffic law, as added by chapter 47 of the laws of
1988, to include the utilization of a drug under the category of driving
while impaired.

JUSTIFICATION: This bill would remedy a deficiency in the Vehicle and
Traffic Law (VTL) which constitutes a significant number of cases each
year. Section 1192 of the VTL is entitled "Operating a Motor Vehicle
While Under the influence of Alcohol or Drugs". Section 1992-2 of the
VTL provides that "no person shall operate a motor vehicle while such
person has .10 of 1 percentum or more by weight of alcohol in the
persons blood ...". Section 1192-3 provides that no person shall operate
a motor vehicle while in an intoxicated condition.

Both Sections 1192.2 and 1192-3 of the VTL are unclassified misdemea-
nors. Routinely first time offenders, and in various other circumstances
other repeat offenders, are afforded the opportunity to negotiate a plea
downward to the non-criminal violation of Section 1192.1 of the VTL

Section 1192-4 of the VTL deals with the issue of operating a motor
vehicle while the person's ability to operate such a motor vehicle is
impaired by the use of a drug. This section, like § 1192.2 and §1192-3,
is an unclassified misdemeanor. Similarly and routinely, a first time
offender and other repeat offenders in certain circumstances charged
with operating a motor vehicle while such person's ability is impaired
by drugs is offered a plea by the District Attorney's Office to the
non-criminal violation of § 1192-1 of the VTL.

Whenever the Court takes a plea of 01192-1 the defendant must state that
he or she was driving while impaired by alcohol. This presents three
distinct problems.

First, usually those people who are pleading guilty in reduction from
1192-4 to §1192-1 of the VTL have not consumed any alcohol but rather
have utilized some form of drug. When the Court inquires as to the
factual basis of the plea under § 1192.1, which only provides for
impairment by alcohol, the defendant must either completely fictionalize
their use of alcohol or simply state that he or she did not consume any
alcohol whatsoever.

Second, should the court even wish to ignore this fiction and allow the
defendant to enter a plea to § 1192-1 in a §1192-4 case, the conviction
on the defendant's prior criminal history would reflect an alcohol prob-
lem rather than a drug related problem. A law enforcement officer view-
ing a defendant's prior history would not know that a defendant was
operating under the influence of a drug if the history showed a
conviction for alcohol.

Third, a defendant after taking a plea and having sentence imposed could
move to set aside his conviction to §1192.1 as legally insufficient if
the original charge is §1192-4.

By creating this new section the public will be best served so that
routine reductions which are inappropriately and customarily accepted by
the court will now have a basis in fact. Law Enforcement Officers will
now also know by looking at a prior criminal history if the defendant
has been known to utilize drugs rather than being misled by an alcohol
conviction under §1192-1.

LEGISLATIVE HISTORY: 1999-00: S.2791-Passed Senate;
A.6926--Transportation 2001.2002: S.96; Passed Senate; 2003.2004:
S.801--Passed Senate; 2005-2006: S.665--Passed Senate; 2007-2008:
S.617--Passed Senate. 2009-10: S.605--Transportation. 2011.12:
S.949-Transportation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first day of November
next succeeding the date on which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1512

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  increasing
  the  parameters  of  driving while ability impaired to include driving
  while ability affected by drugs

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

  Section  1.  Subdivision  1 of section 1192 of the vehicle and traffic
law, as added by chapter 47 of the laws of 1988, is amended to  read  as
follows:
  1.  Driving  while ability impaired.   No person shall operate a motor
vehicle while the person's ability to operate such motor vehicle is:
  (A) impaired by the consumption of alcohol; OR
  (B) AFFECTED TO ANY EXTENT BY THE VOLUNTARY CONSUMPTION OR UTILIZATION
OF A DRUG AS DEFINED IN THIS CHAPTER.
  S 2. 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.
                                                           LBD03266-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.