Senate Bill S754A

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2013-S754 - Details

See Assembly Version of this Bill:
A6491
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: S4777, A10917
2011-2012: S600, A848
2015-2016: S3730, A9912
2017-2018: S4365, A6551
2019-2020: S377, A7156
2021-2022: S5565
2023-2024: S4277

2013-S754 - Summary

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

2013-S754 - Sponsor Memo

2013-S754 - Bill Text download pdf

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

                                   754

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  FLANAGAN, LARKIN, RANZENHOFER -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01326-01-3
              

co-Sponsors

2013-S754A (ACTIVE) - Details

See Assembly Version of this Bill:
A6491
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: S4777, A10917
2011-2012: S600, A848
2015-2016: S3730, A9912
2017-2018: S4365, A6551
2019-2020: S377, A7156
2021-2022: S5565
2023-2024: S4277

2013-S754A (ACTIVE) - Summary

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

2013-S754A (ACTIVE) - Sponsor Memo

2013-S754A (ACTIVE) - Bill Text download pdf

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

                                 754--A
    Cal. No. 244

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FUSCHILLO, ADDABBO, AVELLA, FLANAGAN, LARKIN, NOZZO-
  LIO,  RANZENHOFER, SAVINO, STAVISKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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

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

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