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Senate Bill S7170

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 Senate Committee Transportation Committee

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2013-S7170 (ACTIVE) - Details

See Assembly Version of this Bill:
A6491
Current Committee:
Senate 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
2025-2026: S5875

2013-S7170 (ACTIVE) - Summary

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

2013-S7170 (ACTIVE) - Sponsor Memo

2013-S7170 (ACTIVE) - Bill Text download pdf 

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

                                  7170

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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
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
                      [ ] is old law to be omitted.
                                                           LBD01326-04-4

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